PEDEN, Justice.
This is an appeal from the overruling of a plea of privilege filed by H. W. Carrigan, conductor on a freight train which was struck by an automobile driven by Mrs. Goldman. Carrigan was sued in a county other than his residence. The hearing was before the court without a jury; findings of fact and conclusions of law were neither requested nor filed.
Under the evidence adduced at the hearing, appellee must rely on the negligence provision, Subdivision...
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