Glenn Ray Brown, Petitioners v. Edwards Transfer Company, Inc., Respondent

Summary

The Texas Supreme Court affirmed the Court of Appeals, holding that a male decedent's illegitimate offspring are entitled to recover under the Texas Wrongful Death Act and that the trial court erred by not submitting the issue of the decedent's contributory negligence to the jury. The Court remanded for a jury determination on contributory negligence. Separate concurring and dissenting opinions address the scope of the wrongful death statute and the foreseeability analysis.