McMahan v. Herring

CLAYTON, Justice.

This is an appeal from an order overruling a plea of privilege filed by Dick R. McMahan and W. T. McMahan, two of the defendants in the court below, to be sued in Hill County, where they resided, rather than in Dallas County, where the suit was instituted.

Kathleen Herring filed suit for personal injuries and damages resulting from a collision between a truck being driven by Dick R. McMahan, son of W. T. McMahan, and an automobile in which Kathleen Herring was a passenger. The collision occurred in Hill County, where plaintiff was also a resident. Plaintiff alleged that "Dick…