Bitner v. Hines

HAMBLEN, Chief Justice.

This appeal is from an order of the District Court of Houston County sustaining appellee’s plea of privilege to be sued in Angelina County. Appellants instituted the suit to recover for damages allegedly suffered by Zuma Bitner as a result of drinking a contaminated soft drink which had been manufactured and sold by appellee. Appellants state the case substantially as follows.

Appellant Zuma Bitner drank a portion of a bottle of Royal Crown Cola on August 10, 1953, and became “deathly sick” almost immediately thereafter; the bottle had not been opened prior to that time;…