Gann v. Murray

This is a mandamus prpoceeding to compel certification of questions of venue involving Sec. 9, Art. 1995, R. C. S. Our jurisdiction is invoked upon an alleged conflict between the Court of Civil Appeals opinion in the case at bar, 240 S. W. 2d. 822, and Hurley v. Reynolds, 157 S. W. 2d. 1018.

The parties will be referred to as in the trial court.

Plaintiffs sued for damages resulting from personal injuries and death caused when their car ran into defendants’ truck parked at night beside a highway. They alleged that defendants failed to have flares the required distance from the parked truck *132as…