Cage v. Creed

McDONALD, Chief Justice.

This is a venue case. Parties will be referred to as in the Trial Court. Plaintiffs brought suit in Ellis County for damages for personal injuries sustained by plaintiff Wanda Creed against defendants Cage, Seldon and Allan, doing business as Cage Brothers, and M. C. Winters. Defendants Cage Brothers filed a plea of privilege to be sued in Bexar County, the county of their residence. Plaintiffs filed a controverting plea asserting venue in Ellis County under Subdivision 9a, Article 1995, R.C.S., Vernon’s Ann.Civ.St. art. 1995, subd. 9a. Trial was before the court,…