Mr. Justice Williams delivered the opinion of the Supreme Court. The opinion of the majority of the Court of Civil Appeals and the dissenting opinon of Mr. Justice Dunklin will be reported along with this and will show the nature of the case and of the question which controls its decision. It is unnecessary for us to say more than that we agree with the dissenting opinion which we regard as correctly stating the law. This conclusion leads to a reversal of the judgment in favor of Mrs. Bobertson and a rendition of judgment that she take nothing.
In an argument in this court the point is made by the plaintiff in error that the judgment in favor of Annie Bobertson is fundamentally erroneous because her mother, who is among those to whom the cause of action which accrued to the deceased is made to survive, is not a party to the suit. This is not made one of the grounds in the application for the writ of error, to which this court is confined Scalfi v. The State, 96 Texas, 559. Reversed and rendered as to Mrs. Maggie M. Robertson; Affirmed as to Annie Robertson.