Bratton v. Alexander

DIES, Chief Justice.

On August 4, 1976, in a two-vehicle collision in Montgomery County, Jimmy Lee Bratton was killed, and Martha Alexander was injured. The latter, as plaintiff below, sued Bratton’s wife as Community Survivor in Montgomery County, defendant below. Defendant filed a plea of privilege to remove the cause to Angelina County, which was overruled, and from which defendant brings this appeal.

Plaintiff’s suit was filed in Montgomery County on November 8,1976. At that time, Section 9a of Tex. Rev.Civ.Stat.Ann. art. 1995 (Vernon 1964), provided: *252Defendant urges that the existence of…