Cunningham & Ellis v. Moore
Texas Supreme Court
• Appeal from Bowie. Tried below before the Hon. B. E. Estes. Suit brought August 4,1879, by Kate A. Moore and her three children, the children suing by J. B. Barkman, as special guardian, to recover of appellants $25,000 damages alleged to have been sustained by the death of Spencer C. Moore, caused by the alleged negligence of the appellants.
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• Appeal from Bowie. Tried below before the Hon. B. E. Estes. Suit brought August 4,1879, by Kate A. Moore and her three children, the children suing by J. B. Barkman, as special guardian, to recover of appellants $25,000 damages alleged to have been sustained by the death of Spencer C. Moore, caused by the alleged negligence of the appellants. On the 5th of October, 1880, Mary C. Moore, the mother of Spencer 0. Moore, filed her petition praying to be made a party plaintiff in the suit. The third original petition, filed October 5, 1880, alleges that Mary C. is the mother, and Kate A. the…
1Opinion of the Court
Bonner, Associate Justice.
Under the view we take of this case, it does not become necessary to decide,. whether, to the misfortune of the surviving relatives of the deceased, Spencer C. Moore, that he was a convict, shall be added the loss of the right to sue for damages resulting from his death, were they otherwise entitled thereto.
It was the evident intention and wise policy of the legislation in regard to our penitentiary system, that the state should, by officers of its own selection, retain an immediate and direct supervision and control over the convicts. The very statute under which…
2Cases cited1 opinion
- Cunningham v. International RailroadTexas Supreme Court · 1879
3Cited by13 opinions
- Trachtenberg v. CastilloCourt of Appeals of Texas · 1923
- Guitar v. WheelerCourt of Appeals of Texas · 1931
- Baldridge v. KleinCourt of Appeals of Texas · 1932
- Dato v. George W. Armstrong & Co.Texas Commission of Appeals · 1924
- Steven Painter, Tonya Wright, Individually and as Representative of the Estate of Earl A. Wright, III, Virginia Weaver, Individually and as Next Friend of Albert A. Carrillo, a Minor, Tabatha P. Rosello, Individually and as Representative v. Amerimex Drilling I, LTD., Texas Court of Appeals, 8th District (El Paso)2015
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