Citations
- 294 S.W.2d 412
Full opinion text
GANNON, Justice.
This is a motor vehicle collision, personal injury case brought by Mrs. Eardley and husband against B. L. Satterwhite & Co., a partnership, and George Arthur Cobb, the operator of the Satterwhite vehicle and an employee-truck driver of the defendant partnership. The plaintiffs are residents of Trinity County; the defendants are residents of Houston County.
The suit was brought in the District Court of Trinity County. The record fails to show service upon or appearance by the defendant, George Arthur Cobfy and he is not involved in this appeal.
The defendant, B. L. Satterwhite & Co., alleged to be a partnership, timely filed its statutory plea of privilege to be sued in Houston County, the county of the residence of such defendant. ' Plaintiffs seasonably filed a controverting affidavit, incorporating as a part thereof the allegations of their original petition and relying for maintenance of venue in Trinity County on Article 1995, Subsections 9 and 9a, Vernon’s Ann.Civ.St. regulating venue in the case of a suit, based upon a crime, offense or trespass, and further providing that suits based upon actionable negligence, whether active or passive, may be brought in the county where the act or omission constituting negligence occurred. •
• A hearing on the plea of privilege of defendant Satterwhite & Co. was had on the 29th day of February, 1956, before the court without a jury. Considerable evidence was introduced at the hearing, following which the court entered its order overruling the plea of privilege of Satterwhite & Co. The appeal is from that interlocutory order. Thereare