STRUM, Circuit Judge.
This suit was instituted against appellee by the widow and surviving child of Charles N. Helms, deceased, pursuant to section 26, Art. 16, of the Texas Constitution, which authorizes the recovery of exemplary damages from one committing a homicide "* * * through wilful act, or omission, or gross neglect". See also Art. 8306, § 5, Vernon's Ann.Civil Stat. of Texas. At the close of plaintiffs' case, the trial judge instructed a verdict for...
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