Gulf, Western Texas & Pacific Railway Co. v. Goldman
Court of Appeals of Texas
Appeal from Victoria. Tried below before Hon. S. F. Gbimes. 1. It is only where the cause of action survives to the surviving plaintiff that there is no necessity of making the representatives of a deceased plaintiff parties. 1 Say les’ Civ. Stats., arts. 1246, 1250. 2. The right to sue for damages for a tort is a chose in action, and property within the legal sense of the term as used in the statute.
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Appeal from Victoria. Tried below before Hon. S. F. Gbimes. 1. It is only where the cause of action survives to the surviving plaintiff that there is no necessity of making the representatives of a deceased plaintiff parties. 1 Say les’ Civ. Stats., arts. 1246, 1250. 2. The right to sue for damages for a tort is a chose in action, and property within the legal sense of the term as used in the statute. Ezell v. Dodson, 60 Texas, 332; Railway v. Freeman, 57 Texas, 158; 2 Bish. on Married Women, sec. 271; Railway v. Dunn, 52 111., 260. . 3. A tenant in common must have his action only for his…
1Opinion of the Court
WILLIAMS, Associate Justice.
Appellee, joined by his wife, instituted this suit to recover damages resulting from the alleged negligent digging of a ditch by appellant on its right of way in plaintiff’s farm, in which, it was alleged, water collected, became stagnant, and generated poisonous gases, etc., causing sickness in plaintiff’s family, the death of one of their children, and the depreciation of the value of their homestead. Recovery was sought for all of these injurious results, including damages for the loss of the services of the child, and for several others. Exceptions were…
2Cases cited10 opinions
- Austin & Northwestern Railway Co. v. AndersonTexas Supreme Court · 1891
- Moody v. SmootTexas Supreme Court · 1890
- International & Great Northern Railway Co. v. RagsdaleTexas Supreme Court · 1886
- May v. SladeTexas Supreme Court · 1859
- Gulf, Col. & S. F. R'y Co. v. HelsleyTexas Supreme Court · 1884
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Baker v. the City of Ft. WorthTexas Supreme Court · 1948
- City of Athens v. EvansTexas Commission of Appeals · 1933
- Grossman v. Houston, Oak Lawn & Magnolia Park Railway Co.Texas Supreme Court · 1906
- Missouri, K. & T. Ry. Co. of Texas v. AndersonCourt of Appeals of Texas · 1917
- Trinity Portland Cement Co. v. HortonCourt of Appeals of Texas · 1919
4 more not listed; retrieve them via the Exa API.