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CARTER v. VAN METER

No. 18096.

495 S.W.2d 583 (1973)

Lois Faye CARTER, Administratrix of the Estate of Elsie lone Lindsey, Deceased, Appellant, v. Lynn VAN METER, Temporary Administrator of the Estate of Freda LaVerne Hughes, Deceased, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied June 14, 1973.

Attorney(s) appearing for the Case

Richard E. Green, Touchstone, Bernays & Johnston, Dallas, for appellant.

William N. Hamilton, Akin, Vial, Hamilton, Koch & Tubb, Dallas, for appellee.

CLAUDE WILLIAMS, Chief Justice.

The vital question presented by this appeal is whether a cause of action expressly conferred upon the named survivors by virtue of the Texas Wrongful Death statutes (Vernon's Tex.Rev.Civ.Stat.Ann. arts. 4671-4678) survives the death of such party.

The facts are without dispute. Raymond Lindsey died instantly on December 3, 1969 as a result of an automobile collision between a vehicle he was driving and a vehicle being driven...

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