Phillips Oil Co. v. Linn

RIVES, Circuit Judge.

Both parties agree that the controlling issue in this case is whether the death of Earl Orville Linn, Jr., occurred under such circumstances as to impose.upon The Phillips Oil Company liability for punitive or exemplary damages under the law of Texas. The basic provision for such liability is contained in Article 16, Section 26 of the Constitution of Texas, Vernon’s Ann.St, reading as follows: “Every person, corporation, or company, that may commit a homicide, through wilful act, or omission, or gross neglect, shall be responsible, in exemplary damages, to the surviving…