Barnhart v. Rainey

McKAY, Justice.

The opinion heretofore delivered in this cause is hereby withdrawn and the following is substituted therefor.

This is a venue question in which suit was brought by Edgar Rainey against James A. Barnhart for damages to a pickup truck alleged to have been caused by the negligence of Barnhart. Defendant Barnhart filed his plea of privilege to be sued in Dallas County and plaintiff controverted the plea, relying upon subdivision 9a of Art. 1995, Vernon’s Ann.Tex. Civ. St. Parties will be designated as they were in the trial court.

At the first of two evidentiary hearings held by the…