Milam Cafeteria v. Ward

McDONALD, Chief Justice.

Plaintiffs Ward and wife sued defendants Cox and Perry, operating under the name of Milam Cafeteria, for personal injuries suffered by Mrs. Ward. The appeal is from an order of the trial court overruling defendants’ pleas of privilege to be sued in Travis County, the county of their residence.

Venue is sought to be maintained in Tar-rant County, where Mrs. Ward received her injuries, on the ground that they were caused by the negligence of defendants or their employees. The question is whether the negligence pleaded and proved was active or passive.

Mrs. Ward fell while…