Elliott v. De Soto Crude Oil Purchasing Corp.

DAWKINS, District Judge.

There have been interposed to the petition in this case an exception of no cause of action, a plea to the jurisdiction, and a plea of prescription. The suit is one by the wife individually and as tutrix, for the minor child, against the employer of her deceased husband, firs~, for damages for his death, and secondly, in the alternative for compensation under the Workmen's Compensation Law of Texas (Vernon's Ann.Civ.St.Tex, art. 8306 et seq.).

The exception of no cause of action is directed at the proposition that inasmuch as the claim arose under the law of Texas, and…