Burke v. Dillingham

60 F. 729, 9 C.C.A. 255, 1894 U.S. App. LEXIS 2135

Opinion

McCORMICK, Circuit Judge.

On the authority of Turner v. Cross, 83 Tex. 218, 18 S. W. 578, we must hold that, for the injury which resulted in the death of Thomas W. Burke, the statute of Texas did not authorize a recovery of damages against the defendant in error. The demurrer to the petition was properly sustained, and the judgment of the circuit court is affirmed.