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MO VAC SERVICE CO. v. FAYETTE COUNTY

No. 6285.

621 S.W.2d 460 (1981)

MO VAC SERVICE COMPANY, Appellant, v. FAYETTE COUNTY, Texas, Appellee.

Court of Civil Appeals of Texas, Waco.

August 28, 1981.

Attorney(s) appearing for the Case

T. B. Wright, J. Stockton Williams, Jr., Stubbeman, McRae, Sealy, Laughlin & Browder, Austin, for appellant.

Wm. H. Shireman, County Atty., La Grange, for appellee.

HALL, Justice.

This is a venue case involving Exception 9a of article 1995, Vernon's Tex.Civ.St.

Plaintiff Fayette County, Texas, filed this suit in Fayette County against defendant Mo Vac Service Company for damages to a bridge owned and maintained by plaintiff on a county road which collapsed while defendant's truck was crossing the bridge. Plaintiff alleged that defendant's driver "knew or by the exercise of ordinary care should have known that such bridge...

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