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· 5/31/1887

Texas & Pacific Railway Co. v. Richards

Citations

  • 68 Tex. 375
  • 4 S.W. 627
  • 1887 Tex. LEXIS 700

Syllabus

<p>1. Right of Action.—A right of action given by the laws of another State of this State. can not be enforced by suit in a Texas court, when the right claimed is denied at common law, and is not secured by the Constitution or statutes</p> <p>3. Same—Damages.—The statutes of Louisiana subrogate the child, on the death of the father, to such right as the father had to recover damages for an injury inflicted on him. No such right exists by virtue of a Texas statute, and such a cause of action did not survive the death of the parent at common law. A suit was brought in Texas by a child to recover such damages as the father could have recovered for injuries inflicted on him in Louisiana, had his death not resulted from the injury. Held, the action could not be maintained.</p>

Judges: Stayton

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