244 S.W. 644 | Tex. App. | 1922
Appellant, in his first and second assignments of error, assails the judgment upon the ground that at the time of the accident there was no valid statute in force in this state which rendered natural persons liable for wrongful death resulting from the negligence of the employees or agents of such persons. At common law no right of action existed to recover damages for injuries resulting in the death of the injured; such right of action exists now only by reason of statute laws enacted for that purpose. Bank v. Hanks,
"An act to amend article 4694 of the Revised Civil Statutes of 1911, giving cause of action where injuries resulting in death is caused by the negligence of a corporation, its agents or servants, and declaring an emergency."
In Rogers v. Tobias,
Other questions are raised in the appeal, but become immaterial in view of the foregoing.
The judgment of the court below will be reversed, and judgment here rendered for appellant.