Tolson v. Carroll

McDONALD, Chief Justice.

This is a venue case. Parties will be referred to as in the Trial Court. Plaintiff sued defendant in Johnson County for damages resulting from a collision of plaintiff’s and defendant’s cars in Johnson County. Plaintiff alleged the collision was proximately caused by defendant’s negligence in driving his car at an excessive rate of speed; failing to operate his vehicle under proper control; and failing to keep a.proper lookout. Defendant filed his plea of privilege to be sued in Tom Green County, the county of his residence. Plaintiff filed a controverting affidavit to…