Collins v. FM Equipment Company

MR. JUSTICE CULVER,

joined by CHIEF JUSTICE CALVERT, and JUSTICES GRIFFIN and WALKER, dissenting.

As pointed out in the majority opinion, for this court to acquire jurisdiction in a plea of privilege case on a basis of conflict of decisions, it is necessary that the conflict appear on the face of the opinions that are said to be in conflict and must be “so far upon the same state of facts that the decision of one is necessarily conclusive of the decision in the other.”

The petitioners claim conflict with H. L. Woods v. P.B.S. Motor Company, 288 S.W. 2d 557 and Harvey v. Bain, 140 Tex. 375, 168…