Legal Opinion

Fleming v. the Texas Loan Agency

Texas Supreme Court

Decided June 25, 1894No. 176PublishedCited by 37 opinions

Certified Question from Court of Civil Appeals for Fifth District, in an appeal from the District Court of Bowie County.

1Opinion of the Court

GAIKES, Associate Justice.

The Court of Civil Appeals for the Fifth District certifies for our determination the following question: “Does article 2899, subdivision 2, of the Bevised Statutes of Texas, confer a right of action against a private corporation, other than a common carrier, for the death of any person caused by the wrongful act, negligence, unskillfulness, or default of such private corporation? In other words, does the word ‘person,’ as contained in said subdivision 2, include private corporations within its meaning?”

The provision in question, with a part of its context, reads as…

2Cases cited3 opinions

  1. Munro v. Pacific Coast Dredging & Reclamation Co.California Supreme Court · 1890
  2. Fagan & Osgood v. Boyle Ice Machine Co.Texas Supreme Court · 1886
  3. Martin v. StateTexas Supreme Court · 1859

3Cited by37 opinions

  1. Rogers v. Ricane Enterprises, Inc., Texas Court of Appeals, 7th District (Amarillo)1996
  2. City of Tyler v. Texas Employers' Ins. Ass'nTexas Commission of Appeals · 1926
  3. Rowley v. Lake Area National Bank, Texas Court of Appeals, 1st District (Houston)1998
  4. Hugo, Schmeltzer Company v. PaizTexas Supreme Court · 1911
  5. Terrell v. MiddletonTexas Supreme Court · 1916

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