Southwestern Public Service Co. v. Cole

CHAPMAN, Justice.

This is a venue case.

Appellee, Lewis Cole, sued appellant, Southwestern Public Service Company, in the District Court of Hockley County for damages growing out of a collision of his vehicle with the power company’s utility pole extending two feet and five inches out into a public roadway past its easement. Appellant filed its plea of privilege to be sued in Potter County, its legal residence. Appellee controverted, urging Exception 9a of Art. 1995, Vernon’s Ann.Tex.Civ.St., to the right of appellant to be sued in its domiciliary county. The case was tried to the court on the…