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BURLINGTON NORTHERN R. CO. v. HARVEY

No. C14-85-566-CV.

717 S.W.2d 371 (1986)

BURLINGTON NORTHERN RAILROAD COMPANY, Appellant, v. William Louis HARVEY, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Denied September 11, 1986.

Attorney(s) appearing for the Case

Kent W. Robinson, Houston for appellant.

J. Donald Bowen, Stephen W. Hanks, George E. Pletcher, Houston, for appellee.

Before JUNELL, DRAUGHN and ELLIS, JJ.

OPINION

DRAUGHN, Justice.

This is an appeal from a judgment in favor of plaintiff, William Louis Harvey ("Harvey") for damages resulting from personal injury against Burlington Northern Railroad Company ("BN"). The major issue, and one of first impression, concerns whether the venue provision for personal injury and wrongful death suits against railroad companies is mandatory or permissive under the new venue statute. The trial court found the statute to...

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