Texas Farm Products Co. v. Johnson

HALE, Justice.

This is an appeal from an order overruling a joint plea of privilege. The controlling question is whether the suit out of which it arises is based upon a trespass within the meaning of Sub. 9, Art. 1995, Vernon’s Tex.Civ.Stats.

Appellees brought the suit in Leon County against Texas Farm Products Co., a corporation, and Lonnie Rhodes, seeking damages on account of injuries resulting in the death of J. T. Johnson. As grounds of recovery they alleged in substance that Rhodes was an employee of the defendant corporation and while acting in the course of his employment he negligently…