Elliott v. City of Brownwood
Decision Date | 06 May 1914 |
Docket Number | (No. 2335.) |
Citation | 166 S.W. 1129 |
Parties | ELLIOTT et al. v. CITY OF BROWNWOOD. |
Court | Texas Supreme Court |
Action by Mary B. Elliott and another against the City of Brownwood. There was a judgment for defendant, rendered on sustaining a general demurrer to the petition, and plaintiffs appeal to the Court of Civil Appeals, which certified the facts to the Supreme Court. Question certified (166 S. W. 932) answered.
Fisher & Allison, of Georgetown, and Arch Grinnan, of Brownwood, for appellants. C. L. McCartney, of Brownwood, and W. F. Ramsey and C. L. Black, both of Austin, for appellee.
The Court of Civil Appeals of the Third Supreme Judicial District has certified the following facts to this court:
This question of law is presented by the facts. Is the city of Brownwood liable to appellants, in damages, for the death of Otho S. Elliott?
Prior to the enactment of article 4694, R. S. 1911, the common law was in force in Texas, and damages could not be...
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