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TURNKNETT v. KEATON

No. 17535.

266 F.2d 572 (1959)

H. H. TURNKNETT, suing as next friend for his minor daughter, Tresa Lynn Turknett, Appellant, v. H. G. KEATON and Grady Acuff, d/b/a Three League Gin Company of Lamesa, Texas, Appellees.

United States Court of Appeals Fifth Circuit.

April 23, 1959.

Attorney(s) appearing for the Case

Thomas A. Sneed, John J. Watts, Odessa, Tex., for appellant.

Jack Little, James Little, Elton Gilliland, Big Spring, Tex., Little & Gilliland, Big Spring, Tex., of counsel, for appellees.

Before TUTTLE, CAMERON and WISDOM, Circuit Judges.

PER CURIAM.

This appeal presents the single question whether the trial court correctly held that no cause of action arises under Texas law for injuries to an unborn child.

Appellant concedes that the only Texas decisions, Magnolia Coca Cola Bottling Co. v. Jordan, 124 Tex. 347, 78 S.W.2d 944, 97 A.L.R. 1513, and Lewis v. Steves Sash & Door Company, Tex. Civ.App., 177 S.W.2d 350 (writ refused), have held that no such cause of action arises. Contending that...

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