DUDLEY v. COMMUNITY PUBLIC SERVICE CO.

No. 9254.

108 F.2d 119 (1939)

DUDLEY v. COMMUNITY PUBLIC SERVICE CO. et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 15, 1940.


Attorney(s) appearing for the Case

Russel H. Markwell, of Galveston, Tex., for appellant.

Brantly Harris and M. L. Cook, both of Galveston, Tex., for appellees.

Before FOSTER, SIBLEY, and McCORD, Circuit Judges.


SIBLEY, Circuit Judge.

The plaintiff-appellants, widow and dependent child of J. T. Dudley, sued Community Public Service Company and P. J. Short, its line construction superintendent and foreman, for the homicide of Dudley through gross negligence, claiming $50,000 exemplary damages under Art. 16, Sec. 26, of the Constitution of Texas. Vernon's Ann.St. The Company removed the suit to the federal court on allegations that plaintiffs and Short are citizens of Texas...

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