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WOOLEY v. SOUTHWESTERN PORTLAND CEMENT COMPANY

No. 17728.

272 F.2d 906 (1959)

Mildred WOOLEY, a widow, individually and as Guardian of Samuel Albert Wooley and Mary Jane Wooley, Appellant, v. SOUTHWESTERN PORTLAND CEMENT COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 18, 1960.

Attorney(s) appearing for the Case

John J. Watts, Odessa, Tex., James E. Irion, El Paso, Tex., Thomas A. Sneed, Odessa, Tex., for appellant.

Eugene T. Edwards, El Paso, Tex., for appellee.

Before CAMERON, JONES and BROWN, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

The Texas Constitution guarantees a right of action for the recovery of exemplary damages against "every person, corporation, or company, that may commit a homicide, through wilful act, or omission, or gross neglect * * *." Texas Const. Art. 16, § 26, Vernon's Ann. St. In the face of this, the Texas Workmen's Compensation Act, which otherwise marks the exclusive liability of an employer...

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