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BROWN v. EDWARDS TRANSFER CO., INC.

No. C-7147.

764 S.W.2d 220 (1988)

Glenn Ray BROWN et al., Petitioners, v. EDWARDS TRANSFER COMPANY, INC., Respondent.

Supreme Court of Texas.

Rehearing Denied March 8, 1989.

Attorney(s) appearing for the Case

Terry Hyatt and Tony D. Crabtree, Hyatt & Crabtree, P.C., Brenda Jeffers Damuth, Robert W. Hartson, Inc., Dallas, for petitioners.

Warwick J. Jenkins, Jenkins and Jenkins, P.C., Waxahachie, Michael L. Knapek, Jackson, Walker, Winstead, Cantwell & Miller, Dallas, for respondent.

GONZALEZ, Justice.

This is a wrongful death action which presents two issues: (1) whether the illegitimate children of a male decedent may recover under the Texas Wrongful Death Act; and (2) whether it was reversible error for the trial court to have refused to submit a question as to the decedent's alleged contributory negligence. Although the court of appeals held that the children could recover under the Wrongful Death Act, it reversed and remanded the cause because...

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