Radebaugh v. Kellog

GALLAGHER, Chief Justice.

This appeal is from an order overruling a plea of privilege. The parties will be designated as in the trial court. The plaintiff, P. S. Kellog, sued defendants, W. H. Radebaugh, Harriet Hubbard Ayer, Inc., and R. E. Cox Dry Goods Company, a partnership composed of R. E. Cox, R. A. Cox, and V. M. Cox, to recover damages for injuries which he alleged were sustained by his wife, Mrs. Jewel Kellog, as a result of both active and passive negligence on the part of each and all of the defendants. Plaintiff alleged that the several members of the firm of R. E. Cox Dry Goods…