Nelson v. Galveston, Harrisburg & San Antonio Railway Co.

HOBBY, Judge.

—The questions raised in this case are: 1st. Whether a posthumous child is entitled to recover damages for the death of his father resulting from injuries inflicted by the alleged negligence of the appellee company. 2nd. If the mother of such child be capable of suing for such damages when the cause of action accrues, does the statute of limitation run against the child? 3rd. Is said child concluded by a suit brought by its mother and another beneficiary against the company under our statute?

In the case of Railway v. Lehmberg, 75 Texas, 61, it is stated in the opinion by…