Garcia v. Discrobis Oil Co.

OPINION

KLINGEMAN, Justice.

This is a venue action involving Subdivision 5 of Article 1995, Texas Revised Civil Statutes. Plaintiffs, Dolores and Olga Garcia, brought suit in Brooks County, Texas, against Discrobis Oil Company, Inc., and Douglas Weatherston, seeking damages for the death of two cows which allegedly fell into an open excavation left on plaintiffs’ property by defendants. Defendants filed pleas of privilege to be sued in the counties of their residence. Plaintiffs filed a controverting affidavit asserting that venue lies in Brooks County, Texas, under Subdivisions 5 and 9 of…