Sutherland v. Cotter

NORVELL, Justice.

This is an appeal from an order sustaining a plea of privilege. The trespass clause of Exception 9, Article 1995 is involved.

The appellant, G. W. Sutherland, Sr., brought suit against Chester Cotter for damages resulting from Cotter’s truck hav ing collided with the rear end of Sutherland’s automobile. It is undisputed that the collision occurred in Jim Wells County; that Cotter resides in Atascosa County; and that the driver of the truck at the time of the collision was acting within the scope of his employment.

Appellant contends that ' the evidence conclusively shows that a…