McClellan v. Lee

COLEMAN, Justice.

This is an appeal from the denial of appellant’s plea of privilege in an automobile collision case,

It is appellant’s contention that there is no evidence, or insufficient evidence, to sustain an implied finding of negligence so as to retain venue in the county of the accident under Subd. 9a, Article 1995, Vernon’s Ann.Civ.St.

Appellant is a resident of Gatesville, Cor-yell County, Texas. While he was in Houston, Harris County, Texas, he was driving his 1959 model Chevrolet automobile from his motel room to the airport to mail some letters when he ran out of gasoline. He knew…