Foster v. Gainesville Bus Lines

BROWN, Justice.

This case involves the overruling of a plea of privilege.

Although the controverting affidavit referred to the original petition, adopted such pleading and made it a part of the controverting affidavit, the appellant, defendant below, did not see fit to bring same up in the transcript.

However, we believe the controverting affidavit contains a full and complete statement of the alleged cause of action and that it sets'1 forth an active trespass committed by the driver of a truck, owned by appellant, namely, that the truck was being driven on "the “wrong side” of the public…