Court of Appeals of Texas February 3, 1966, No. 4472 (Word v. Clifton)

WILSON, Justice.

Defendants’ position in this non-jury plea of privilege appeal is that there is no evidence or insufficient evidence to support implied findings of their negligence and of proximate cause in an automobile collision case under Subd. 9a of Art. 1995 Vernon’s Ann.Civ.St. They are partners who were constructing a state highway under contract. The plea was overruled; we affirm.