Dallas & Wichita R. R. Co. v. Spiker

Citations

• 59 Tex. 435
• 1883 Tex. LEXIS 190

Syllabus

<p>1. Damages — Statute construed.— The statute permits an action for damages, on account of injuries causing deathof a person, to be brought for the use of the surviving husband, wife, children and parents of the deceased, and provides that the amount of damages recovered shall be apportioned to those entitled in such manner as the jury may direct. R. S., 2903-2909. Held,</p> <p>(1) Such an action, brought for the benefit of the wife, when the petition shows that the mother survives, cannot be maintained, if the exception based on account of the absence of necessary parties be made in time, when the mother’s interest in the damages has not been adjusted; nor is it any answer to the exception to say that the mother’s claim is barred by limitation.</p> <p>(2) If in any manner the mother of the deceased had settled her claim for damages, that should have been shown, and the judgment could then stand.</p> <p>(3) Railway Co. v. Moore, 49 Tex., 46, and Railway Co. v. Le Gierse, 51 Tex., 198, followed, and this case distinguished from March v. Walker, 48 Tex., 373.</p>