Receivers of Kirby Lumber Co. v. Owens
Court of Appeals of Texas
Appeal from, the District Court of Jasper County. Tried below before Hon. W. B. Powell.
1Opinion of the Court
FLY, Associate Justice.
Appellee, for himself and his wife, M. E. Owens, instituted this suit to recover damages of appellants, alleged to have accrued on account of the death of L. B. Owens, their seventeen year old son, who was killed in a car while in the employment of appellants. A trial by jury resulted in a verdict and judgment for appellee in the sum of $1,000, $500 being apportioned to each of the parents.
Under the common law no cause of action arose in favor of anyone for damages arising from the death of a person, and the statute creating the liability is the only warrant for…
2Cases cited4 opinions
- Turner v. Cross and Eddy, ReceiversTexas Supreme Court · 1892
- Fleming v. the Texas Loan AgencyTexas Supreme Court · 1894
- Cunningham v. NealTexas Supreme Court · 1908
- Missouri, Kansas & Texas Railway Co. v. FreemanTexas Supreme Court · 1904
3Cited by8 opinions
- Martin v. Consolidated Casualty Ins. Co.Court of Appeals for the Fifth Circuit · 1943
- Rice Lyon, Rec'rs Kirby Lumber v. LewisCourt of Appeals of Texas · 1910
- Humble Oil & Refining Co. v. HamerCourt of Appeals of Texas · 1942
- Karabalis v. E. I. Dupont de Nemours & Co.Supreme Court of Virginia · 1921
- Philip A. Ryan Lumber Co. v. BallCourt of Appeals of Texas · 1917
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