George S. Jacobs, Petitioners v. Louis M. Theimer, Respondent

Summary

The Texas Supreme Court reversed the lower courts and remanded for trial, holding that the plaintiffs’ cause of action for the child’s medical expenses is properly pleaded and not barred by public policy, but limiting recovery to those expenses and not to wrongful‑birth damages. Justice Pope dissented, arguing the negligence was not a proximate cause, while Justice Daniel concurred in the result.