Houston & Texas Central R'y Co. v. Baker

Citations

• 57 Tex. 419
• 1882 Tex. LEXIS 162

Syllabus

<p>1. Freedman — Marriage—Right oe father to sue.—An adult freedman, born of parents who were slaves in Georgia, was accidentally killed on the H. & T. Central Railroad in 1873. The father, who was still 'a resident of Georgia, sued the company for damages. Held that, in the absence of evidence showing that the laws of Georgia differ from those of Texas, the legal relation of father and son existed between the two, and the father was competent to sue as such.</p> <p>2. Exemplary damages — Right of father to.— In 1873 there could be no recovery of exemplary damages in such cases unless the homicide occurred through some willful act or omission; nor, where it so occurred, was the father one of the class of heirs who could recover exemplary damages.</p>