Atchison, Topeka & Santa Fe Railway Co. v. Texas Employers' Insurance Ass'n

This is an appeal from an order sustaining the pleas of privilege of third-party defendants Texas Employers’ Insurance Association (T.E.I.A.) and Employers’ Casualty Company (Employers) after a non-jury hearing.

Appellants, Santa Fe Railway and two of its employees, hereinafter referred to as Santa Fe, rely only on Subdivision 4 of Article 1995, Vernon’s Texas Civil Statutes, to hold venue in Washington County on their third-party complaint. Subdivision 4 provides that if two or more defendants reside in different counties, suit may be brought in any county where one of the defendants resides.

S…