FETTY v. CHOATE

No. 14081.

367 S.W.2d 68 (1963)

Alice A. FETTY, Appellant, v. H. L. (Brownie) CHOATE and Hiram Thurman Tipton, Appellees.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied May 1, 1963.


Attorney(s) appearing for the Case

James E. Klager, of Utter & Chase, Corpus Christi, for appellant.

Lewright, Dyer & Redford, James W. Wray, Jr., Corpus Christi, for appellees.


BARROW, Justice.

This is a venue action involving the negligence exception. Suit was filed by Alice A. Fetty, a feme sole, to recover damages for the wrongful death of her eight-year-old son, Audie Wayne Fetty, in a collision in Duval County, Texas, between a bicycle operated by Audie Wayne and a tractor trailer owned by H. L. (Brownie) Choate and operated by Hiram Thurman Tipton. The trial court granted defendants' motion for instructed verdict, after plaintiff rested...

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