Houston Contracting Co. v. Texas & Pacific Railway Co.

STEPHENSON, Justice.

This is an appeal from an order of the trial court sustaining a plea of privilege. The plaintiff relied upon Subdivision 23 of Article 1995 of the R.C.S. to maintain venue in Harris County. A portion of this subdivision reads as follows:

“Suits against a railroad corporation, or against any assignee, trustee or receiver operating its railway, may also be brought in any county through or into which the railroad of such corporation extends or is operated.”

The parties will be designated here as they were in the trial court.

The evidence showed that this was a cause of action…