Hendrick v. Walton

Citations

• 69 Tex. 192
• 6 S.W. 749
• 1887 Tex. LEXIS 804

Syllabus

<p>1. Statute Construed — Damages.—The right of action declared by arti. ele 2899, Revised Statutes, for damages for the wrongful act, negligence, unskillfulness or default which causes the death of another, did not exist at common law; construing that section, held:</p> <p>(1) That the change of one subdivision of that section by the act of March 25, 1887, did not operate to change the consi met ion of another and independent clause as derived from the original context of the act.</p> <p>(2) In the first subdivision of the article the Legislature did not meante apply the rule that the act of the agent is the act of the principal, and to make private persons responsible for the death of others when not caused by their own immediate act or omission.</p> <p>(8) That section was intended to impose greater liability up -n carriers by making them responsible for the gross negligence of their ;-g >nts, and' to leave the liability of others for the acts of their agents as it existed at common law.</p> <p>2. Sheriff — Damages.—A sheriff and the sureties on his official bond are not liable under the provisions of article 2899 of the Revised Statutes in damages for the wrongful act of his deputy, who unlawfully kills another, who, having been arrested, was, wh.-i killed, attempting to make his escape. This held without deciding the question whether the homicide was under article 4521 of the Revised Statutes an “official act,” for which the sheriff could be held responsible.</p>