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DAVIS v. ANDERSON

No. 8185.

501 S.W.2d 459 (1973)

Floyd G. DAVIS, d/b/a Floyd G. Davis Ditching Co., Appellant, v. Gaylon W. ANDERSON, Appellee.

Court of Civil Appeals of Texas, Texarkana.

November 6, 1973.

Attorney(s) appearing for the Case

William N. Hamilton, Vial, Hamilton, Koch, Tubb, Knox & Stradley, Dallas, for appellant.

Scott Baldwin and Doyle Curry, Jones, Jones & Baldwin, Marshall, for appellee.

CORNELIUS, Justice.

This is a venue case. Appellee Gaylon W. Anderson sued appellant Floyd G. Davis, D/B/A Davis Ditching Company, for personal injuries suffered in a ditch cave-in which occurred in Cass County, Texas. Davis, a resident of Dallas County, filed his plea of privilege to be sued in the county of his residence. Upon hearing, the trial court overruled the plea of privilege, sustaining venue in Cass County, and Davis has appealed. The judgment of the trial...

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