James v. Holt

CULLEN, Commissioner.

On appeal from a judgment against him in an automobile negligence case, the defendant contends that the court erred in denying his motion for a peremptory instruction, because the plaintiff failed • to prove venue.

The action was brought in Edmonson County. The petition alleged that the accident occurred in Edmonson County. The defendant’s answer consisted only of a general denial. In the proof, there was no specific evidence that the place of the accident was in Edmonson County.

There is no general rule of law requiring that the plaintiff, in his petition, allege facts…