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LOUIS v. SPAIN

No. 3507.

330 S.W.2d 478 (1959)

Jim LOUIS, Appellant, v. Vernie SPAIN et al., Appellees.

Court of Civil Appeals of Texas, Eastland.

November 27, 1959.

Attorney(s) appearing for the Case

Acklen & Bailey, Midland, for appellant.

Jones, Parish & Filmore, Wichita Falls, for appellees.

GRISSOM, Chief Justice.

Jim Louis suffered damages as the result of his automobile being struck by a wheel which came off a truck belonging to W. D. Spain. The accident happened in Shackelford County. Spain was a resident of Eastland County. Louis sued W. D. Spain for damages in Shackelford County. W. D. Spain did not file a plea of privilege, but answered in said cause. Before there was a trial, Spain died and, upon suggestion of

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