TOWN & COUNTRY MODEL MARKET, INC. v. SMITH

No. 4391.

394 S.W.2d 200 (1965)

TOWN & COUNTRY MODEL MARKET, INC., Appellant, v. Zeb SMITH et ux., Appellees.

Court of Civil Appeals of Texas, Waco.

August 26, 1965.


Attorney(s) appearing for the Case

Lewright, Dyer & Redford, W. N. Woolsey, J. M. Burnett, Corpus Christi, for appellant.

Cullen, Mallette, Maddin & Edwards, Victoria, for appellees.


WILSON, Justice.

Appellee attempted to maintain venue under subdivision 9a, Art. 1995, Vernon's Ann.Civ.St., alleging negligence generally. The question presented is whether the essential venue facts of negligence and proximate cause under that subdivision were established. In our opinion they were not, and we reverse.

Appellee was shopping in appellant's grocery store where aluminum chairs were stacked against the wall for sale. She testified two of the chairs...

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