BARNHART v. RAINEY

No. 724.

503 S.W.2d 342 (1973)

James A. BARNHART, Appellant, v. Edgar RAINEY, Appellee.

Court of Civil Appeals of Texas, Tyler.

December 20, 1973.


Attorney(s) appearing for the Case

Ramey, Brelsford, Flock, Hutchins & Carroll, Jerry L. Calhoon, Mike A. Hatchell, Tyler, for appellant.

Watt & Bateman, Dick Watt, Athens, for appellee.


McKAY, Justice.

The opinion heretofore delivered in this cause is hereby withdrawn and the following is substituted therefor.

This is a venue question in which suit was brought by Edgar Rainey against James A. Barnhart for damages to a pickup truck alleged to have been caused by the negligence of Barnhart. Defendant Barnhart filed his plea of privilege to be sued in Dallas County and plaintiff controverted the plea, relying upon subdivision 9a of Art. 1995...

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