173 S.W. 208 | Tex. | 1915
The suit was originally filed by T. B. Walker against the railroad company for damages on account of personal injuries charged to have been occasioned by its negligence. The railroad company was duly served with citation upon this petition, appeared, and answered. Later Walker died, and, his death being suggested, bis widow, by an amended petition, sought recovery in behalf of herself and the four children of the decedent. Subsequently she died, and a further amended petition was filed by two of the children, Camille and Fount, for themselves and as next friends of their minor sisters, seeking damages in the sum of $40,000. Thereafter they filed another amended petition, seeking damages for themselves on account of the death of Walker, which it was charged had resulted from the injuries due to-the company’s negligence, and alternatively, as the heirs of Walker, praying for damages to which it was alleged he would have been entitled, bad he lived, and, if it should be determined that his death was not due to the injuries pleaded, placed at the sum of $30,000. No-citation was issued as to the cause of action, of the plaintiffs alleged to have accrued to-
The writ of error was granted because of our opinion that there was no basis in the proof for a recovery in favor of Camille Walker or Fount Walker. An answer to the petition having been filed by the defendant in error, we may determine the case.
The trial was had in June, 1913. Walker’s death occurred in December, 1912.
Her sister, Miss Pansy Walker, 20 years of age at the time of the trial, one of the plaintiffs, testified that Miss Camille had been teaching four or five years; that since she had been teaching she had been contributing some to the family expenses. One of the statements in her testimony is:
“My sister [Miss Camille] has been self-supporting, I suppose, four or five years, and during that time, when she drawed her money, she contributed to the family expenses.”
Fount Walker was 22 years of age at the time of the trial, an adult at the time of his father’s death, and unmarried. He was shown to have been a fireman in the employ of a railroad company, and had been so engaged for a year or two. He testified that before he went to work, which was upon his leaving school in 1908, four years before his father’s death, the latter paid his expenses, board, etc.; and that, since he had been at work, he had contributed in the payment of his own expenses.
His sister, Miss Pansy, testified concerning him as follows:
“I will say that my brother has been self-supporting six or seven years, possibly. I really do not know about that. During most of the time he has contributed to the family support.”
With each of these two children grown at the time of their father’s death; then, and for a number of years prior, self-supporting, and contributing to the family expenses; and with nothing in the proof to show his extension of pecuniary aid to them further than that, when they were at home, they shared the family board and home environment furnished by the father, for which it is evident their contributions were meant to compensate, it cannot be reasonably contended, we think, that there was any evidence of prospective pecuniary aid from the father for their benefit. As said in Railway Co. v. Johnston, 78 Tex. 536, 15 S. W. 104:
“The circumstances repel the idea that they had any just grounds to expect pecuniary assistance from him.”
The judgment as to Pansy Walker for $2,000, and for Elizabeth Walker for $5,000, is affirmed; and, as to Camille Walker and Fount Walker, the judgments of the district court and Court of Civil Appeals are reversed; and judgment is here rendered for the plaintiff in error.
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