San Antonio Tent & Awning Company v. Martin

DAVIS, Justice.

Plaintiff-appellee, Charles W. Martin, sued defendant-appellant, San Antonio Tent & Awning Company, for damages alleging that a tarpaulin that was purchased in Red River County to cover a large stack of hay was defective and that a small metal eye pulled loose from the tarpaulin causing the appellee to fall from the top of the hay stack, about twenty feet, to the ground. Appellant filed a plea of privilege seeking to remove the case to Bexar County. The plea was controverted under Sub-Section 23 of Article 1995, Vernon’s Ann.Tex.Civ. St. The case was tried to the court without…