Brown Express v. McClendon, 2312-7505.

• Decision Date: 15 May 1940
• Docket Number: No. 2312-7505.,2312-7505.
• Parties: BROWN EXPRESS, Inc., v. McCLENDON, Chief Justice, et al.
• Court: Texas Supreme Court

139 S.W.2d 783

BROWN EXPRESS, Inc., v. McCLENDON, Chief Justice, et al.

No. 2312-7505.

Commission of Appeals of Texas, Section A.

May 15, 1940.

Original petition for a writ of mandamus by the Brown Express, Incorporated, against the Honorable James W. McClendon, Chief Justice, and others, Justices of the Court of Civil Appeals for the Third Supreme Judicial District, to require certification for decision by Commission of Appeals of alleged conflict between the decision of the Court of Civil Appeals in the case of Brown Express, Inc., v. Arnold, 120 S.W.2d 619, and decisions of other Courts of Civil Appeals.

Writ granted.

Fuchs & Fuchs, of New Braunfels, for relator.

Marion R. McClanahan, of San Antonio, and Schleyer & Bartram, of New Braunfels, for respondents.

HARVEY, Commissioner.

The relator, Brown Express, Inc. (a corporation), has presented its application for the issuance by this Court of a writ of mandamus to compel the Honorable James W. McClendon, and the other justices of the Court of Civil Appeals for the Third Supreme Judicial District, to certify to this Court for decision the conflict which occurs between the decisions of other Courts of Civil Appeals and the ruling of said Court of Civil Appeals for the third district, in the case of Brown Express, Inc., v. Arnold et ux., 120 S.W.2d 619, 620. The nature of said case just named, and of the ruling therein of said Court of Civil Appeals, appear from the following extract from the reported opinion of said court, towit:

"Appeal is from an interlocutory decree overruling appellant's plea of privilege to be sued in Bexar County. Appellant is a corporation domiciled in Bexar County, and engaged in operating a truck line between San Antonio, Texas, and Austin, Texas, over State Highway No. 2. Suit was for damages by appellees against J. L. Walker and appellant growing out of a collision between two automobiles, one driven by Benno Arnold and the other by J. L. Walker, on State Highway No. 2 near the city of New Braunfels, in Comal County, on Sunday night, December 1, 1935. It was alleged that Walker was vice-president and general manager of appellant corporation and acting in the course of his employment at the time of said collision; that same constituted a trespass within the provisions of Sub. 9 of Art. 1995, R.S. 1925, which occurred in Comal County. Only the corporation filed a plea of privilege, which was duly controverted, a hearing had thereon, and same overruled; hence this...