Austin Road Co. v. Anderson

On Motion for Rehearing

WILLIAMS, Justice.

While this motion for rehearing has been pending, this court on its own motion certified to the Supreme Court the following two questions:

“(1) After the defendant has timely filed its plea of privilege which contains all the allegations required under Rule 82, T.R.C.P., and when venue issue has been joined with plaintiff’s controverting plea did the burden of proof rest upon plaintiff to prove that the above acts of defendant in piling the dirt as stated were done in violation of the terms and specifications of the contract had with the State Highway…