Legal Opinion

Castleberry v. Gulf, C. & S. F. Ry. Co.

Court of Appeals of Texas

Decided June 18, 1925No. 3097Published

1Opinion of the Court

WILLSON, O. J.

(after stating’ the facts as above). As we view the record, the judgment rendered by the trial court was the only one he could have rendered in the case. As shown in the statement above, appellants’ suit was for damages Mrs. Castleberry might have recovered for injury she suffered if she had not died, and for damages appellants-suffered (they alleged) because of her death. At common law a cause of action did not exist in appellants’ favor for any of the damages they sought to recover. Ellyson v. Ry. Co., 33 Tex. Civ. App. 1, 75 S. W. 868; Gut- tierrez v. Ry. Co., 102 Tex. 378,…

2Cases cited3 opinions

  1. Gutierrez v. El Paso & Northeastern RailroadTexas Supreme Court · 1909
  2. Ellyson v. International & Great Northern RailroadCourt of Appeals of Texas · 1903
  3. Black v. Texas & P. Ry. Co.Court of Appeals of Texas · 1913

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