Texas & Pacific Railway Co. v. Pierce

RAINEY, Associate Justice.

The fact that one of the compurgators to the affidavit for change of venue is a local agent of the railway company does not make him a party to the litigation, nor does that prevent his being a “credible person.” The court erred in holding such agent was incapable for that reason to make the proper affidavit, and in refusing to grant the application for change of venue. Railway v. Allen, 26 S. W. Rep., 434; Railway v. Hawkins, this day decided by this court.

The appellant requested the following special charge, to wit: “If the plaintiff and her companions were…