Lone Star Brewing Co. v. Jones
| Decision Date | 20 April 1955 |
| Docket Number | No. 12835,12835 |
| Citation | 278 S.W.2d 464 |
| Parties | LONE STAR BREWING COMPANY, Appellant, v. Lawrence JONES and wife, Allie Mae Jones, Appellees. |
| Court | Texas Court of Appeals |
Lewright, Dyer, Sorrell & Redford, Wayne W. Wilson, Corpus Christi, for appellant.
William D. Bonilla, Howard F. Sudduth, Corpus Christi, for appellee.
This is a venue case and concerns Section 23 of Article 1995, Vernon's Ann.Civ.Stats. Lawrence Jones and wife sued Lone Star Brewing Company as the manufacturer and Bennie B. Johnson as retailer of a contaminated bottle of Lone Star Beer, which was purchased and consumed by plaintiff's wife in Nueces County. Plaintiffs claimed damages to Mrs. Jones by reason of consuming the impure product. Other venue sections are involved but Section 23 is controlling. Defendant brewing company sought to move the case to Bexar County, but the trial court held the venue in Nueces County.
Defendant urges that the trial court erred because the plaintiffs failed to prove the cause of action arose in Nueces County. Relying upon the elements of such venue actions against manufacturers, the brewing company states that the plaintiffs failed to prove, (1) that Lone Star Brewing Company was a corporation, (2) that it was a private corporation instead of a public corporation, (3) that it manufactured the product consumed, and (4) that the container of the product was in the same condition when consumed as it was when it left the hands of the manufacturer. Amarillo Coca-Cola Bottling Co. v. Loudder, Tex.Civ.App., 207 S.W.2d 632.
The judgment will be affirmed. Plaintiffs alleged the brewing company was a corporation. If the brewing company desired to place that capacity in issue it should have denied incorporation under oath. Rule 93, T.R.C.P.; Moore v. James, Tex.Civ.App., 242 S.W.2d 958, 959; Safety Convoy Co. v. Potts, Tex.Civ.App., 214 S.W.2d 680; 3 Tex.Jur.Supp., Corporations, § 398a. Instead of denying, the brewing company swore, in its plea of privilege, that it was a corporation. Plaintiffs proved the brewing company was a private and not a public corporation. They alleged and proved that Lone Star Brewing Company sold beer to the retailer who in turn sold it to the plaintiff. Article 1319 defines a public corporation as 'one which has for its object the government of a portion of the State.' The sale of beer falls short of that definition. We find no difficulty in holding that the sale of beer is in the realm of private free enterprise rather than the government of a portion of the State. Royal Credit Clothiers v. Phillips, Tex.Civ.App., 145 S.W.2d 1111. The brewing company argues that the court can not judicially know that the defendant is not a public corporation. If that were necessary we would judicially know...
To continue reading
Request your trial
-
Maupin Construction Company v. Shields
...is incorporated. The point is overruled. Teague Brick Co. v. Leon O'Rear, Inc., Tex.Civ.App., 336 S.W.2d 310; Lone Star Brewing Company v. Jones, Tex.Civ.App., 278 S.W.2d 464; Houston Milling Co. v. Carlock, Tex.Civ.App., 183 S.W.2d 1013; Barber v. Port City State Bank, Tex.Civ.App., 269 S.......
-
Wright v. Ewens Chevrolet-Pontiac-Buick Co.
...of such a plea. Teague Brick Company v. Leon O'Rear, Inc., 336 S.W.2d 310 (Tex.Civ.App.-Fort Worth 1960, no writ); Lone Star Brewing Company v. Jones, 278 S.W.2d 464 (Tex.Civ.App.-San Antonio 1955, no writ); Bradford v. Magnolia Pipe Line Co., 262 S.W.2d 242 (Tex.Civ.App.-Eastland 1953, no ......
-
Wichita Coca-Cola Bottling Co. v. Tyler, COCA-COLA
...constituted a prima facie unbroken link from the defendant manufacturer to the plaintiff consumer. Lone Star Brewing Company v. Jones, Tex.Civ.App., San Antonio 1955, 278 S.W.2d 464; Amarillo Coca-Cola Bottling Co. v. Loudder, Tex.Civ.App., Amarillo 1947, 207 S.W.2d The amount of damages fo......