Magnolia Petroleum Co. v. Heldt

WILLIAMS, Justice.

Magnolia Petroleum Company, a private corporation organized under the laws of Texas, appeals from a decree which overruled its plea of privilege to be sued in Dallas County, the county of its residence. Appellee J. B. Pleldt, plaintiff below, a resident of Cass County, rested upon the provisions of Sec. 23 of art. 1995, R.C.S. of Texas, Vernon’s Ann.Civ.St. art. 1995, subd. 23, as asserted in his controverting plea to maintain his suit for damages in Cass County.

In March, 1948, a visible gasoline pump used by plaintiff to dispense gasoline at his service station in Linden,…