A. Raymond Jones v. Howard Cody Ross.

Summary

The Texas Supreme Court affirmed the district court’s dismissal of the plaintiffs’ claim for exemplary damages, holding that the petition failed to allege a homicide by wilful act, omission, or gross neglect as required by Section 26 of Article 16 of the State Constitution and that the constitutional provision cannot be applied to violations of statutes enacted after its adoption. The Court also declined to reverse the district court for erroneously considering a general demurrer because the error was not preserved on appeal.