SMITH v. ROBERTS

No. 3148.

265 S.W.2d 915 (1954)

SMITH et al. v. ROBERTS et al.

Court of Civil Appeals of Texas, Waco.

March 4, 1954.


Attorney(s) appearing for the Case

Witt, Terrell, Jones & Riley, Robert E. Cross, Fitzpatrick & Dunnam, Waco, for appellants.

Helm & Jones, Houston, Brown & Dickie, Gatesville, for appellees.


TIREY, Justice.

This is an appeal from an order entered in the District Court of Coryell County overruling defendants' pleas of privilege to be sued in McLennan County, the county of their residence. The cause was tried without the aid of a jury and there was no request for findings of fact and conclusions of law and none filed.

Appellants assail the judgment substantially on two points: (a) that there was no evidence of any affirmative act of negligence on...

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