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SCHWING v. BLUEBONNET EXPRESS, INC.

No. B-2974.

489 S.W.2d 279 (1973)

John H. SCHWING et al., Petitioners, v. BLUEBONNET EXPRESS, INC., et al., Respondents.

Supreme Court of Texas.

Rehearing Denied February 7, 1973.

Attorney(s) appearing for the Case

Cauley & Kreshner, R. Douglass Cauley, Houston, Dunnam, Dunnam & Dunnam, W. V. Dunnam, Jr., Waco, for petitioners.

Clawson & Jennings, Paul C. Murphy, III, Max H. Jennings and Karl A. Maley, Houston, for respondents.

WALKER, Justice.

In Graham v. Franco, Tex.Sup., 488 S.W.2d 390, it was held that the cause of action and recovery for personal injuries to the body of a married woman, including disfigurement and physical pain and suffering, are her separate property. Our purpose here is to reexamine, in the light of that holding, the Texas rule that the contributory negligence of the husband precludes a recovery by the other statutory beneficiaries...

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