Legal Opinion

St. Louis Southwestern Railway Co. v. Hengst

Court of Appeals of Texas

Decided May 27, 1904PublishedCited by 28 opinions

Appeal from the District Court of Smith. Tried below before Hon. B. W. Simpson.

1Opinion of the Court

GILL, Associate Justice.

F. W. Hengst brought suit against appellant to recover damages for personal injuries alleged to have been suffered by him as a result of the alleged negligence of appellant.

On the 6th day of July thereafter Hengst died, and the appellees, his children, made themselves parties plaintiff on the theory that the action survived to them, and also prayed for damages by reason of his death, which they alleged was due to the injuries he had received.

The trial court sustained a demurrer to the portion of the petition claiming the damages which deceased might have recovered, but…

2Cases cited3 opinions

  1. H. F. & E. D. Craddock v. GoodwinTexas Supreme Court · 1881
  2. Peoples National Bank v. MulkeyTexas Supreme Court · 1901
  3. Ellyson v. International & Great Northern RailroadCourt of Appeals of Texas · 1903

3Cited by28 opinions

  1. Best Steel Buildings, Inc. v. HardinCourt of Appeals of Texas · 1977
  2. Simmons First National Bank v. AbbottSupreme Court of Arkansas · 1986
  3. Maryland Casualty Co. v. StevensCourt of Appeals of Texas · 1932
  4. Kessinger v. Grefco, Inc.Appellate Court of Illinois · 1993
  5. Spears Dairy, Inc. v. BohrerCourt of Appeals of Texas · 1932

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