Mitchell v. Weatherford

RENFRO, Justice.

This is an appeal from an order of the District Court of Wise County sustaining a plea of privilege filed by appellee Weath-erford.

On June 3, 1954, at about 11:10 P. M., a car driven by appellee struck J. S. Mitchell,, a thirteen year old boy, inflicting injuries, ■from which -he' died .-approximately two hours later. Suit was .• brought by J. R. Mitchell-, father of the deceased, for damages.

Appellant, in his petition and controverting, affidavit, alleged numerous acts of negligence ,on the part of appellee, and on appeal urges venue should be retained in Wise County under…