Legal Opinion · Dissent

Sanchez v. Schindler

Texas Supreme Court

Decided April 27, 1983No. C-1087Published

1DissentPope, Chief Justice

I respectfully dissent because I believe the court should not overturn its longstanding decisions and reinterpret the Texas Wrongful Death Statute to authorize recovery for mental anguish. In 1877, this court ruled that since the Texas Wrongful Death Statute was borrowed from Lord Campbell’s Act, the measure of damages *255under the Texas statute was the same as the English act — pecuniary loss only. March v. Walker, 48 Tex. 372, 375 (1877). Texas courts have consistently followed the pecuniary loss rule. E.g., J.A. Robinson Sons, Inc. v. Wigart, 431 S.W.2d 327 (Tex.1968); International & G.N.…

2Cases cited22 opinions

  1. Brown v. American Transfer & Storage Co.Texas Supreme Court · 1980
  2. Billings v. AtkinsonTexas Supreme Court · 1973
  3. Marmon v. Mustang Aviation, Inc.Texas Supreme Court · 1968
  4. Love v. WilcoxTexas Supreme Court · 1930
  5. Fisher v. Carrousel Motor Hotel, Inc.Texas Supreme Court · 1967

17 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API