BURK ROYALTY CO. v. PACE

No. 1435.

620 S.W.2d 882 (1981)

BURK ROYALTY COMPANY, Appellant, v. Linda PACE, Individually and as next friend for Keith Pace, a minor, Appellees.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied September 11, 1981.


Attorney(s) appearing for the Case

T. John Ward, Sharp, Ward, Ross, McDaniel & Starr, Longview, for appellant.

Terry Bailey, Carthage, for appellees.


OPINION

SUMMERS, Chief Justice.

This is a venue case. Appellee Linda Pace sued Burk Royalty Company both individually and as next friend for her minor son, Keith Pace seeking to recover damages for personal injuries sustained by Keith while playing on a pumping unit operated by Burk in Panola County. In her original petition, Mrs. Pace seeks recovery from Burk based upon negligence under the "attractive nuisance" doctrine. Burk filed a plea of privilege...

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