Southwestern Greyhound Lines v. Day

This is an appeal from an order overruling a plea of privilege. Appellee, Mrs. M. B. Day, a widow, brought suit in the District Court of Nolan County, Texas against the Greyhound Post House, Inc., and appellant, Southwestern Greyhound Lines, Inc. She sought to recover damages for personal injuries sustained by her as the result of a fall while passing through a door from appellants bus station to a cafe operated by the Greyhound Post House, Inc. in Fort Worth, Texas. The Southwestern Greyhound Lines, Inc. filed a plea of privilege to be sued in Tarrant County, Texas, and alleged that it was a foreign corporation, incorporated under the laws of the State of Delaware, with a permit to do business in Texas and that its general office and principal place of business in Texas was in Tarrant County; that at no time material to this suit was it a resident of Nolan County, Texas. Appellee duly filed a controverting plea in which it was urged that venue was properly laid in Nolan County under Subdivisions 23, 24 and 27, Article 1995, Vernons Annotated Revised Civil Statues of Texas. Upon a hearing before the court without a jury, the plea of privilege was, on September 14, 1950, overruled. From such judgment and order this appeal is brought.