Troxel v. Jones

This was a suit brought by Mildred Troxel, as widow of Henry H. Troxel, for damages for his wrongful death. He was asphyxiated while a guest in defendants’ tourist court near Nashville. Plaintiff charged that defendants negligently operated a defective gas heater, permitting gas to escape in his room, and thereby caused his death.

Defendants filed a special plea, as a plea in abatement, seeking "to abate the suit” on two grounds alleged: (1) that plaintiff Avas not the avícIoav of the deceased for AArhose death she sued, and (2) that there had been an accord and satisfaction of the cause of…