Dearing v. Nutter

The application for writ of error in this case is refused, no reversible error. The Court of Civil Appeals has held inadmissible petitioner’s testimony as to the route he had taken many times before from his home to his wife’s place of employment and a map showing the layout of the route. 400 S.W.2d 346. In Missouri-Kansas-Texas R. R. Co. v. McFerrin, 156 Tex. 69, 291 S.W.2d 931 (1956), we held that evidence of a person’s habits could not be admitted to prove care or negligence when there was an eye witness to an accident. This was not a holding that evidence of a person’s habits was…