Tankel

Plaintiffs, injured in an automobile accident allegedly caused by a defective tire or. tube which blew out while plaintiffs were driving their Cadillac on a Texas highway, seek to recover damages from Seiberling Rubber Company. The gravamen of the complaint is that defendant rubber company manufactured and mounted a tire and tube negligently and were negligent in manufacture of the same.

Defendant Seiberling has moved for change of venue to the District Court sitting in Pecos, Texas, in which district the accident occurred. Defendant alleges that convenience of parties and witnesses will best be served by removing the action.

In its affidavit defendant rubber company asserts that ten witnesses who will be utilized by the defense are in the immediate vicinity of the Texas District Court. These witnesses include the highway patrol officer who made an investigation at the scene of the accident and whose deposition has not been taken; employees of the tire company from whom plaintiffs purchased the tire and who mounted the same; the operator of the tow truck who picked up the automobile in order to show position and location of the car and marks on the pavement at the scene of the…