Tyler Milk Products Co. v. Shipman

JOHNSON, Chief Justice.

This appeal is by Tyler Milk Products Company, defendant below, from an order of the court overruling defendant’s motion to strike the controverting affidavit filed by plaintiffs, T. L. Shipman and others, and overruling defendant’s plea of privilege.

Plaintiffs filed their suit in the County Court of Upshur County, seeking to recover damages against the defendant, resulting from a collision occurring in Up-shur County between defendant’s truck and plaintiff’s truck, caused by alleged negligence of defendant’s driver. Citation was issued and served on the defendant,…