Furr's Super Market, Inc. v. Jernigan

DENTON, Chief Justice.

This is a venue case under Sections 9a and 23, Article 1995, Vernon’s Ann.Tex. Civ.St. Ila Mae Jernigan, joined pro forma by her husband, filed suit for alleged personal injuries sustained when she slipped and fell in a grocery store owned and operated by appellant in Plainview, Texas. From an order overruling its plea of privilege to be sued in Lubbock County, appellant perfected this appeal.

When a defendant has filed a plea of privilege in proper form it is incumbent that the plaintiff, if he desires to controvert the plea, both plead specifically and prove the facts…