McClung Const. Co. v. Langford Motor Co.

On or about September 21, 1928, as L. E. Whitham was going east towards Wichita Falls, along the highway, in an automobile, and when he was about a mile or two west of Holliday, Archer county, he ran into an unfinished culvert. He alleged that he was injured in various respects, and that his car was damaged. Defendant McClung Construction Company, Incorporated, hereinafter called construction company, filed a plea of privilege to be sued in Tarrant county, and when the plea came up for argument, and on account of the holding in Dublin Mill & Elevator Co. v. Cornelius, 5 S.W.(2d) 1027, and…