Allan v. Garza

NORVELL, Justice.

This is an appeal from an order overruling a plea of privilege. The trespass clause of exception 9 of Article 1995, Vernon’s Ann.Civ.Stats., is involved.

From the evidence the trial judge, sitting without) a jury, could have made the following findings which, in view of the judgment, we must presume he did make:

1. The appellant, R. A. Allan, was driving a truck traveling north over Highway No. 281, between Raschal and Encino in Brooks County, Texas, when he ran into Andres Garza, the appellee, who was on foot.

2. At the point of collision, the traveling portion of Highway No.…