H. E. Butt Grocery Store v. Hamilton

OPINION

NYE, Chief Justice.

This is an appeal from an order overruling a plea of privilege. Plaintiff Lillie Mae Hamilton, a resident of Wharton County, Texas, brought suit to recover for personal injuries sustained when she slipped and fell on the floor of H. E. Butt Grocery Store in Wharton County, Texas. Defendant H. E. Butt Grocery Co., filed a plea of privilege to be sued in Nueces County, the county of its domicile. In reply, plaintiff filed a controverting affidavit alleging that the suit was lawfully maintainable in Wharton County, Texas, under Sec. 9a, the “negligence” exception of the…