Schwing v. Bluebonnet Express, Inc.

WALKER, Justice.

In Graham v. Franco, Tex. Sup., 488 S. W.2d 390, it was held that the cause of action and recovery for personal injuries to the body of a married woman, including disfigurement and physical pain and suffering, are her separate property. Our purpose here is to reexamine, in the light of that holding, the Texas rule that the contributory negligence of the husband precludes a recovery by the other statutory beneficiaries against a third party tort-feasor for the wrongful death of the wife.

Mrs. Margaret Jo Schwing lost her life on October 25, 1964, when the automobile driven by…