HALL v. ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY

No. 73-3106.

504 F.2d 380 (1974)

Ellis B. HALL, Charles R. Hall and Eunice E. Hall, Plaintiffs-Appellants, v. The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 18, 1974.


Attorney(s) appearing for the Case

John S. Walker, Center, Tex., for plaintiffs-appellants.

Larry W. Starr, Longview, Tex., for defendant-appellee.

Before WISDOM and CLARK, Circuit Judges, GROOMS, District Judge.


WISDOM, Circuit Judge:

This wrongful death action, governed by Texas tort law under Erie, is unusual in that the instrumentality allegedly causing the wrongful death did not come into physical contact with the decedent. Ellis B. Hall, husband of Mrs. Dovie Hall, and their two children, Charles and Eunice Hall sued the Atchison, Topeka & Santa Fe Railway Co., for the wrongful death of Mrs. Hall. Vernon's Ann. Tex.Code, §§ 4675 and 5525. The theory...

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