J. W. Gaddy Butane Co. v. Almanza

McGILL, Justice.

This is a case in which two pleas of privilege were overruled and venue was maintained in Ector County by the trial court. Appellees here assert that venue was properly so maintained under the provisions of Subdivision 9 of Article 1995, Vernon’s Ann.Civ.St, because of acts of active negligence which constituted a trespass on the part of appellant Bert Eaker,-who was the agent of appellant J. W. Gad-dy Butane Company, acting within the course of his employment. Trial was to the court without a jury and no findings or conclusions were requested or filed.

Jose Dela Almanza, the…