Mitchell v. Akers

DIXON, Chief Justice.

Appellees Milton Akers and wife Helen Akers filed suit against appellant John T. Mitchell for damages arising out of the drowning of their son, Philip Akers, aged three years and eight months, in appellant’s private swimming pool located on appellant’s property. Appellees’ action was brought as parents in their own behalf pursuant to Art. 4671, Vernon’s Ann.Civ. Statutes, and also as sole heirs in behalf of the child’s estate pursuant to Art. 5525, V.A.C.S.

The two actions are quite different. Under the common law no recovery of damages was permitted for the death of a…