Case Citator › Fort Worth Elevators Co. v. Russell

Fort Worth Elevators Co. v. Russell

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Supreme Court of Texas
Citation
70 S.W.2d 397
Decided
Confirmed treatments
1
Flagged citations read
42 of 42
Citing cases (total)
42
Treatment dates
1987
Overruled in part
A reviewed court has overruled part of this case’s holding. Fort Worth Elevators Co. v. Russell was overruled in part; all 42 flagged citations have been read, and the confirmed treatment is listed below. Wright v. Gifford-Hill & Co. rejected its statement that a workers' compensation wrongful death plaintiff must obtain a jury finding on the amount of actual damages before recovering exemplary damages.
More on how this was screened

The Texas Supreme Court later described Fort Worth Elevators as “overruled on other grounds by Wright” in Hammerly Oaks, Inc. v. Edwards. Courts continue to cite its rule on corporate liability for a vice principal's gross negligence.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

42 later cases cite Fort Worth Elevators Co. v. Russell; 42 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Fort Worth Elevators Co. v. Russell?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled in Part

  • The Texas Supreme Court disapproved Fort Worth Elevators' statement that a workers' compensation wrongful death plaintiff must obtain a jury finding on the amount of actual damages to recover exemplary damages.

    Wright v. Gifford-Hill & Co., Inc. · Supreme Court of Texas · filed

    In the interest of judicial economy, we disapprove that portion of Fort Worth Elevators, 123 Tex. at 150, 70 S.W.2d at 409, which states that a plaintiff must secure a jury finding as to the amount of actual damages in a wrongful death case arising under TEX.REV.STAT.ANN. art. 8306 § 5.
    Read the full opinion on CourtListener →

Does this case still carry your argument?

Describe your facts. Ezel reads Fort Worth Elevators Co. v. Russell and the cases that treated it, then tells you whether it still holds for your situation, with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace