Lintz v. Dillon

The impact of the majority decision in this case will, in all probability, be minimal; 1 but, since I am of the opinion that it does violence to the jurisprudence of this state, I respectfully dissent.

I first point to the self-evident fact that plaintiff seeks to recover upon a cause of action which did not exist at the common law but is one created solely by statute. Thus, I invoke the rule enunciated in State of California v. Copus, 158 Tex. 196, 309 S.W.2d 227, 231 (1958):

“[WJhere the statute creates a right and also incorporates a limitation upon the time within which the suit is to be…