West Texas Oxygen Co. v. Wes-Tex Pipe Coating, Inc.

COLLINGS, Justice.

This is a plea of privilege case. Wes-Tex Pipe Coating, Inc. brought suit in-Scurry County against West Texas Oxygen-Company for damages to plaintiff’s building; and its contents. Plaintiff alleged the damages resulted from a fire and that the cause-of the fire was negligently bottled acetylene or oxygen. Defendant filed its plea of' privilege to be sued in Lubbock County, the-place of its residence. Plaintiff filed a controverting affidavit alleging the negligence exception to the venue statute, to-wit, subdivision 9a of Article 1995, Vernon’s-Ann.Tex.Civ.St. After hearing…