M Systems Food Stores, Inc. v. Webster

OPINION

WARD, Justice.

This is a venue case. Pauline Webster sued M Systems Food Stores, Inc. for damages resulting from tripping and falling over a display case of plates in the defendant’s store in Ward County. The defendant filed its plea of privilege to be sued in Tom Green County and plaintiff controverted under Subdivision 9a of Article 1995, Vernon’s Tex.Rev.Civ.Stat.Ann. The trial Court without a jury overruled the plea of privilege, and we affirm.

The evidence was from two depositions, one by the plaintiff and the other by the defendant’s store manager. This testimony is that one…