Burlington Northern Railroad v. Harvey

OPINION

DRAUGHN, Justice.

This is an appeal from a judgment in favor of plaintiff, William Louis Harvey (“Harvey”) for damages resulting from personal injury against Burlington Northern Railroad Company (“BN”). The major issue, and one of first impression, concerns whether the venue provision for personal injury and wrongful death suits against railroad companies is mandatory or permissive under the new venue statute. The trial court found the statute to be permissive and overruled Burlington’s motion to transfer venue from Brazoria County to Potter County where the accident occurred. In four…