Houston & Texas Central R. W. Co. v. Bradley

Citations

• 45 Tex. 171

Syllabus

<p>1. Construction of statute — Suit by guardian for damages. — Under the act “ authorizing the heirs, representatives, or relatives of deceased persons to sue for and recover damages where the deatii of such person or persons has been.caused or occasioned by the negligence, culpable or willful act of another,” (Paschal’s Dig., 16,) suit may properly be brought by a guardian of the .estate of the minor children of a man whose death was so caused by a railroad company. It is not material whether suit is brought in the name of the guardian for his ward, or in the name of the ward by his guardian.</p> <p>2. Natural guardian — Compromise.—The rights of the natural guardian do not extend to the control and management of- the property of the child, or to the compromise and settlement of the claim of the child for damages from the death of the father by such causes as give to the child the right to damages. A compromise by such unauthorized party would not affect the rights of the miijor.</p> <p>3. Construction of statute — Parties.—As this statute was intended for the benefit of the persons therein named, it should receive such a construction as will give effect to the intention; therefore tlie second section of the act — “every such action shall be for the sole and exclusive benefit of the surviving husband, wife, child, or children, * * * and may be brought by such entitled parties or any one of them; and if such parties fail for three calendar months to institute suit, then it shall be the duty of the executor or administrator of the deceased,” — does not limit the right to sue after three months, to the administrator or executor.</p> <p>4. Same. — The right of the children to share in the damages, is not made to depend on the contingency that the surviving husband or wife fails to bring suit within three months from the death of one of the persons named in the statute. The action, by whomsoever brought, is for the benefit of all and to the exclusion of none of the par