Southwestern Electric Power Co. v. Martin Equipment Co.

HUMPHREYS, Justice.

This appeal is from a judgment overruling Southwestern Electric Power Company’s plea of privilege to have a third-party action against it for indemnity and contribution transferred to the county of its residence, Gregg County. Appellee, Martin Equipment Company, successfully maintained venue in the trial court under Tex. Rev.Civ.Stat.Ann. art. 1995(4) (Vernon 1964). We reverse and render judgment for Southwestern Electric Power Company (SWEPCO) because Martin did not prove one of the requisites of subdivision 4, a cause of action against the resident defendant.

This case…