Simmons v. Germany

LINCOLN, Justice.

The appeal is from an order of the District Court of Cherokee County overruling a plea of privilege. Appellants reside in Dallas County. The parties will be referred to as in the trial court.

The defendant George B. Simmons was the owner of a truck and trailer. On the night of January 18, 1948, the defendant Cecil Musser, admittedly the agent and employee of 'Simmons, was operating said truck and trailer on a highway in Cherokee County, travelling in a northerly direction. The trailer carried about 12,000 feet of lumber. At a point some five or six miles south of Alto, in said…