Legal Opinion

Dallas & Wichita R. R. Co. v. Spiker

Texas Supreme Court

Decided May 11, 1883No. Case No. 4798PublishedCited by 22 opinions

Appeal from Dallas. Tried below before the Hon. Geo. H. Aldredge. This suit was brought by appellee to recover damages alleged to have been sustained by the death of her husband, which was caused by a defective bridge of the railway company. The petition disclosed that the mother of the deceased was living, and that he left neither children or father. Ho exception was taken below in any form for want of proper parties.

1Opinion of the Court

Stayton, Associate Justice.—

The petition shows that the plaintiff is not the sole beneficiary entitled to share in the damages to be recovered for the injuries which are alleged to have resulted from the death of her husband; and it expressly alleges the existence, name and residence of the mother of her deceased husband, and does not profess to prosecute the action for the benefit of the mother as well as for herself.

It may be that under the averments of the petition (no objection to the petition having been made in this regard) she could have done so; but the record shows that the plaintiff…

2Cases cited1 opinion

  1. Houston & Texas Central Railway Co. v. MooreTexas Supreme Court · 1878

3Cited by22 opinions

  1. Burnham v. Hardy Oil Co.Texas Supreme Court · 1917
  2. Galveston v. KutacTexas Supreme Court · 1889
  3. Texas & Pacific Railway Co. v. WoodTexas Supreme Court · 1947
  4. Greathouse v. Fort Worth & Denver City Ry. Co.Texas Commission of Appeals · 1933
  5. Love v. Southern Railway Co.Tennessee Supreme Court · 1901

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