Nealy v. Fidelity Union Life Insurance Company

WILLIAMS, Justice.

Wrongful death action. Article 4671 et seq., Vernon’s Ann.Civ.St., and Art. 16, § 26, Vernon’s Annotated Constitution of the State of Texas. On May 5th, 1961 Willie Fred Nealy was shot and killed by Earl S. Swinney, an armed guard, in the lobby of the Fidelity Union Life Insurance Company Building in the City of Dallas, Texas. This action was instituted by the surviving wife and minor children of the deceased, seeking actual and exemplary damages against both Fidelity Union Life Insurance Company and Earl S. Swinney, who was alleged to have been acting within the course and…