At page 278 Defining negligence per se as a standard of care78 citing casesNegligence per se is a tort concept whereby a legislatively imposed standard of conduct is adopted by the civil courts as defining the conduct of a reasonably prudent person.
- Reed v. Rook TX, 2025 Tex. Bus. 34 (Tex. Bus. Ct. 2025).published(The easiest type of negligence per se case is that one involving a traffic regulation.)
- Staggs v. Duncan, No. 4:25-cv-00004 (E.D. Tex. July 23, 2025).(Negligence per se is a tort concept whereby a legislatively imposed standard of conduct is adopted by the civil courts as defining the conduct of a reasonably prudent person.)
- Toral v. Hawk, No. 4:24-cv-00003 (E.D. Tex. Feb. 11, 2025).(Negligence per se is a tort concept whereby a legislatively imposed standard of conduct is adopted by the civil courts as defining the conduct of a reasonably prudent person.)
- Texas Auto Salvage, Inc., Gary Hack, & Daniel Hack v. D D Ramirez, Inc., Danny Ramirez Recycling, Inc., San Antonio Auto & Truck Salvage, Danny's Recycling & Precious Metals, LLC, Danny's Recycling, Inc., & Daniel Delagarza Ramirez, No. 13-19-00500-CV (Tex. App.—Corpus Christi–Edinburg Oct. 14, 2021).published(Negligence per se is a tort concept whereby a legislatively imposed standard of conduct is adopted by the civil courts as defining the 16 conduct of a reasonably prudent person.)
- Aep Texas Cent. Co. & T&D Solutions, Llc v. Marta Arredondo, 612 S.W.3d 289 (Tex. 2020).published(Negligence per se is a tort concept whereby a legislatively 12 imposed standard of conduct is adopted by the civil courts as defining the conduct of a reasonably prudent person.)
- Ordonez v. Carolina Cargo Freight Expediters, LLC., No. 3:21-cv-00077 (W.D. Tex. Jan. 18, 2023).Tex. Aug. 1, 2017) (quoting Carter v. William Sommerville & Son, Inc., 584 S.W.2d 274, 278 (Tex. 1979)).
- Level 3 Commc'ns, LLC v. Grayco Commc'ns, L.P., No. 4:21-cv-02826 (S.D. Tex. Oct. 6, 2022).See In re CenterPoint Energy Houston Elec., LLC, 629 S.W.3d 149 , 163 (Tex. 2021); Carter v. William Sommerville & Son, Inc., 584 S.W.2d 274, 278 (Tex. 1979).
- Marr v. Croxton, No. 5:21-cv-00961 (W.D. Tex. June 14, 2022).While regulations may impose a duty recognized in tort, see Carter v. William Sommerville & Son, Inc., 584 S.W.2d 274, 278 (Tex. 1979), it is unclear that 49 C.F.R. § 392 .9a applies to Ryder. 49 C.F.R. § 392 .9a, by its language, is appli…
- Woodhouse v. Bird Rides, Inc., No. 5:20-cv-01113, 2021 WL 1986427 (W.D. Tex. May 17, 2021).Tex. 2002) (citing Carter v. William Sommerville & Son, Inc., 584 S.W.2d 274, 278 (Tex. 1979)).
- Simien v. C R Bard Inc., No. 1:20-cv-00131 (E.D. Tex. Aug. 20, 2020).Negligence Per Se (Count IX) Under Texas law, “[n]egligence per se is a tort concept whereby a legislatively imposed standard of conduct is adopted by the civil courts as defining the conduct of a reasonably prudent person.” Bass v. Stryke…
Show 62 more citing cases
- Chavez Yanez v. WWGAF, Inc., No. 5:19-cv-01065 (W.D. Tex. May 18, 2020).“Negligence per se is a tort concept whereby a legislatively imposed standard of conduct is adopted by the civil courts as defining the conduct of a reasonably prudent person”
- Shary Pruski v. Joshua Garcia, 594 S.W.3d 322 (Tex. 2020).published“[w]e have long recognized that the mere fact that the Legislature adopts a criminal statute does not mean this court must accept it as a standard for civil liability”
- Rogers v. Car Wash Partners, Inc. dba Mister Car Wash, No. 4:18-cv-04181 (S.D. Tex. Dec. 3, 2019).“whether or not the defendant violated the statute and, if so, whether [the violation] was a proximate cause of the accident”
- in Re: Associated Truss Co., No. 05-18-00896-CV (Tex. App.—Dallas Dec. 20, 2018).publishedAVPM Corp. v. Childers, No. 05-17-00372-CV, 2018 WL 3238131 , at *2 (Tex. App.—Dallas July 3, 2018, pet. filed) (mem. op.) (“Negligence per se is a tort concept whereby a legislatively imposed standard of conduct is adopted by the civil –4…
- Amy W. Starkey & Michael J. Starkey v. Barkan Ronen Enri or in the Alt. Yitshak Eini D/B/A Super Deal Auto Sales, No. 14-17-00224-CV (Tex. App.—Houston [14th Dist.] Aug. 28, 2018).unpublished“[n]egligence per se is a tort concept whereby a legislatively imposed standard of conduct is adopted by the civil courts as defining the conduct of a reasonably prudent person”
- AVPM Corp, D/B/A Stonleigh Place v. Tracy L. Childers & Mary Ruth Trout, No. 05-17-00372-CV (Tex. App.—Dallas July 3, 2018).publishedCarter v. William Sommerville & Son, Inc., 584 S.W.2d 274, 278 (Tex. 1979).
- Pablo Castrejon v. Andrew Horton & Cassy Horton, No. 14-16-00520-CV (Tex. App.—Houston [14th Dist.] Oct. 24, 2017).published“[n]egligence per se is a tort concept whereby a legislatively imposed standard of conduct is adopted by the civil courts as defining the conduct of a reasonably prudent person”
- Carrera v. Yañez, 491 S.W.3d 90 (Tex. App.—San Antonio 2016).publishedCarter v. William Sommerville & Son, Inc. 584 S.W.2d 274, 278 (Tex.1979); Johnson v. Enriquez, 460 S.W.3d 669, 673 (Tex.App.-El Paso 2015, no pet.).
- Dos Republicas Coal P'ship v. David Saucedo, as Floodplain Adm'r & Cnty. Judge of the Maverick Cnty. Commissioners Court, & the Maverick Cnty. Commissioners Court, No. 13-14-00725-CV (Tex. App.—Corpus Christi July 23, 2015).publishedInc., 584 S.W.2d 274, 278 (Tex.1979).
- Judy Weirich v. IESI Corp. & Southside Wrecker, Inc., No. 03-14-00819-CV (Tex. App.—Austin June 16, 2015).published ARGUMENT AND AUTHORITIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 CONCLUSION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 PRAYER. . . . . . . . . . . . . . . . .…
- Bobby Johnson v. Juan Enriquez, 460 S.W.3d 669 (Tex. App.—El Paso 2015).published“[n]egligenee per se is a tort, concept whereby a legislatively imposed standard of conduct is adopted by the civil courts as defining the conduct of a reasonably prudent person”
- Jerilyn Ann Cerda, as Next Friend of Noel Doe v. Rjl Ent., Inc. D/B/A Club Cheetah, 443 S.W.3d 221 (Tex. App.—Corpus Christi 2013).publishedFurther, even though these provisions have no “ruinous liability disproportionate to the seriousness of the defendant’s conduct,” this liability would not particularly fall on a “broad and wide range” of collateral wrongdoers, as addressed…
- Callahan, Daniel v. Vitesse Aviation Servs., LLC, 397 S.W.3d 342 (Tex. App.—Dallas 2013).published“the statute itself states what a reasonably prudent person would have done”
- Alton Bass v. Stryker Corp., No. 11-10076 (5th Cir. Feb. 7, 2012).published“[n]egligence per se is a tort concept whereby a legislatively imposed standard of conduct is adopted by the civil courts as defining the conduct of a reasonably prudent person”
- Alton Bass v. Stryker Corp., 669 F.3d 501 (5th Cir. 2012).published“[njegligence per se is a tort concept whereby a legislatively imposed standard of conduct is adopted by the civil courts as defining the conduct of a reasonably prudent person”
- Davis v. Jordan, 305 S.W.3d 895 (Tex. App.—Amarillo 2010).publishedCarter v. William Sommerville & Son, Inc., 584 S.W.2d 274, 278 (Tex.1979); Borden, Inc. v. Price, 939 S.W.2d 247, 250 (Tex.App.-Amarillo 1997, writ denied).
- James Riley Davis A/K/A J.R. Davis v. Ronald Jordan, No. 07-08-00347-CV (Tex. App.—Amarillo Feb. 17, 2010).publishedCarter v. William Sommerville & Son, Inc., 584 S.W.2d 274, 278 (Tex. 1979); Borden, Inc. v. Price, 939 S.W.2d 247, 250 (Tex. App.–Amarillo 1979, writ denied).
- David Senko v. BP Prods. North Am., Inc., & Don Parus, No. 01-08-01022-CV (Tex. App.—Houston [1st Dist.] Nov. 5, 2009).published“Negligence per se is a common-law doctrine that allows courts to rely on a penal statute to define a reasonably prudent person’s standard of care.” Reeder v. Daniel , 61 S.W.3d 359 , 361–62 (Tex. 2001) (citing Carter v. William Sommervill…
- Oscar Gonzalez, Individually & on Behalf of the Est. of Enrique Gonzalez v. McALLEN Med. Ctr. INC. & JOSE E. IGOA, M.D., No. 13-00-00296-CV (Tex. App.—Corpus Christi Oct. 29, 2009).publishedCarter v. William Sommerville & Son, Inc. , 584 S.W.2d 274, 278 (Tex. 1979). 15.
- Air Prods. & Chemicals, Inc. v. Odfjell Seachem A/S, 305 S.W.3d 87 (Tex. App.—Houston [1st Dist.] 2009).published “the statute itself states what a reasonably prudent person would have done”
- Thomas v. Uzoka, 290 S.W.3d 437 (Tex. App.—Houston [14th Dist.] 2009).published Carter v. William Sommerville & Son, Inc., 584 S.W.2d 274, 278 (Tex.1979); Durham, 270 S.W.3d at 719 .
- Lakeisha Thomas v. Ugochi Uzoka, No. 14-08-00182-CV (Tex. App.—Houston [14th Dist.] May 28, 2009).published Carter v. William Sommerville & Son, Inc. , 584 S.W.2d 274, 278 (Tex. 1979); Durham , 270 S.W.3d at 719 .
- Kelly v. Brown, 260 S.W.3d 212 (Tex. App.—Dallas 2008).publishedSee, e.g., Praesel, 967 S.W.2d at 395 (explaining that “it is negligence per se, absent a valid excuse, to ... fail to stop at a railroad crossing when a train is approaching”); Carter v. William Sommerville & Son, Inc., 584 S.W.2d 274, 27…
- Larry Ackers v. City of Lubbock, No. 07-06-00421-CV (Tex. App.—Amarillo Nov. 29, 2007).publishedCarter v. William Sommerville & Son, Inc., 584 S.W.2d 274, 278 (Tex. 1979); Borden, Inc. v. Price , 939 S.W.2d 247, 250 (Tex. App.–Amarillo 1979, writ denied).
- George Aboushadid, Individually & on Behalf of the Est. of Janell Aboushadid v. Gary Ward, Shana Ward & Courtney Ward, No. 07-05-00140-CV (Tex. App.—Amarillo Feb. 5, 2007).publishedCarter v. William Sommerville & Son, Inc., 584 S.W.2d 274, 278 (Tex. 1979); Borden, Inc. v. Price, 939 S.W.2d 247, 250 (Tex.App.–Amarillo 1997, writ denied).
- Mieth v. Ranchquest, Inc., 177 S.W.3d 296 (Tex. App.—Houston [1st Dist.] 2005).published Carter v. William Sommerville & Son, Inc., 584 S.W.2d 274, 278 (Tex.1979).
- All Freight Sys. v. James, 115 F. App'x 182 (5th Cir. 2004).unpublishedCarter v. William Sommerville & Son, Inc., 584 S.W.2d 274, 278 (Tex.1979).
- Critchfield v. Smith, 151 S.W.3d 225 (Tex. App.—Tyler 2004).publishedCarter v. William Sommerville & Son, Inc., 584 S.W.2d 274, 278 (Tex.1979).
- Charlotte Ann Kaechele Mieth v. Pensor Prod. Co., No. 01-02-00461-CV (Tex. App.—Houston [1st Dist.] May 20, 2004).published Carter v. William Sommerville & Son Inc. , 584 S.W.2d 274, 278 (Tex. 1979).
- Johnson v. Sawyer, No. 91-2763 (5th Cir. Oct. 11, 1993).published
- Elvis E. Johnson v. Robert Sawyer, United States of Am., 4 F.3d 369 (5th Cir. 1993).published
- Perez v. Lopez, 74 S.W.3d 60 (Tex. App.—El Paso 2002).published
- Hicks v. Humble Oil & Refining Co., 970 S.W.2d 90 (Tex. App.—Houston [14th Dist.] 1998).published
- Lively v. Carpet Servs., Inc., 904 S.W.2d 868 (Tex. App.—Houston [1st Dist.] 1995).published
- Reeder v. Daniel, 61 S.W.3d 359 (Tex. 2001).published
- Freudiger v. Keller, 104 S.W.3d 294 (Tex. App.—Texarkana 2003).published
- Andrade Garcia v. Columbia Med. Ctr. of Sherman, 996 F. Supp. 605 (E.D. Tex. 1998).published
- Reinicke v. Aeroground, Inc., 167 S.W.3d 385 (Tex. App.—Houston [14th Dist.] 2005).published
- San Benito Bank & Trust v. Landair Travels, 31 S.W.3d 312 (Tex. App.—Corpus Christi 2000).published
- Mitchell v. Amarillo Hosp. Dist., 855 S.W.2d 857 (Tex. App.—Amarillo 1993).published
- Gem Homes, Inc. v. Contreras, 861 S.W.2d 449 (Tex. App.—El Paso 1993).published
- Smith v. Merritt, 940 S.W.2d 602 (Tex. 1997).published
- Mathis v. Barnes, 316 S.W.3d 795 (Tex. App.—Tyler 2010).published
- Supreme Beef Packers, Inc. v. Maddox, 67 S.W.3d 453 (Tex. App.—Texarkana 2002).published
- Boyd v. Fuel Distributors, Inc., 795 S.W.2d 266 (Tex. App.—Austin 1990).published
- Ordonez v. MW McCurdy & Co., Inc., 984 S.W.2d 264 (Tex. App.—Houston [1st Dist.] 1998).published
- Cont'l Oil Co. v. Simpson, 604 S.W.2d 530 (Tex. Civ. App.—Amarillo 1980).published
- Hackett v. G.D. Searle & Co., 246 F. Supp. 2d 591 (W.D. Tex. 2002).published
- Fought v. Solce, 821 S.W.2d 218 (Tex. App.—Houston [1st Dist.] 1991).published
- Borden, Inc. v. Price, 939 S.W.2d 247 (Tex. App.—Amarillo 1997).published
- Perry v. S.N., 973 S.W.2d 301 (Tex. 1998).published
- Bell v. Am. Traffic Solutions, Inc., 633 F. Supp. 2d 305 (N.D. Tex. 2009).published
- Hans M. Hughes v. Donald Bergman, No. 03-98-00368-CV (Tex. App.—Austin Feb. 25, 1999).unpublished
- Supreme Beef Packers, Inc. v. Ron Bartley Maddox, No. 06-99-00122-CV (Tex. App.—Texarkana Jan. 15, 2002).published
- Sammy Chavez v. State, No. 07-02-00250-CR (Tex. App.—Amarillo Oct. 28, 2002).published
- the San Benito Bank & Trust Co. & Johnson & Davis, L.L.P. v. Landair Travels, No. 13-96-00337-CV (Tex. App.—Corpus Christi Aug. 24, 2000).published
- Jimmie Reinicke, Individually & as Legal Rep. of the Est. of Karen Reinicke, Max L. Reinicke, & Derrick A. Reinicke v. Aeroground, Inc., No. 14-02-00680-CV (Tex. App.—Houston [14th Dist.] Mar. 22, 2005).published
- Jason Barnett v. Charles Michael Havard Jr., No. 09-12-00310-CV (Tex. App.—Beaumont June 12, 2014).published
- Jamie Stierwalt & Arnold Lee Stierwalt, Jr. v. FFE Transp. Servs., Inc., Conwell Corp., Frozen Food Express Indus., Inc., & Jeffrey Preston Lear, 499 S.W.3d 181 (Tex. App.—El Paso 2016).published
- United Parcel Serv., Inc. & Roland Leal v. Robert Scott Rankin, Individually, Rachelle Rankin, Individually & as Next Friend for Avery Rankin, Kara Rankin, & Samuel Rankin, Minors, No. 04-14-00494-CV (Tex. App.—San Antonio Jan. 30, 2015).published
- Julio Miranda-Lara v. Chad Rebert & Sasha Guerrero, No. 09-18-00325-CV, 2020 WL 5099968 (Tex. App.—Beaumont Aug. 31, 2020).published
- Praesel v. Johnson, 967 S.W.2d 391 (Tex. 1998).published
At page 276 Implication of necessary findings in a judgment37 citing casesWhen no findings of fact and conclusions of law are filed, the trial court's judgment implies all necessary supporting fact findings.
- Warren Gattenby v. TIB-The Indep. Bankersbank, No. 05-18-00168-CV (Tex. App.—Dallas June 4, 2018).published (When no findings of fact and conclusions of law are filed, the trial court's judgment implies all necessary supporting fact findings.)
- in the Interest of R. I. & M. I., Child., 610 S.W.3d 581 (Tex. App.—Tyler 2020).published Carter v. William Sommerville and Son, Inc., 584 S.W.2d 274, 276 (Tex. 1979).
- Super Ventures, Inc. & Abu Tuarb Tariq v. Saiqa S. Chaudhry, 501 S.W.3d 121 (Tex. App.—Fort Worth 2016).publishedP. 299; Carter v. William Sommerville & Son, Inc., 584 S.W.2d 274, 276 (Tex.1979).
- Vladimir Vak v. Net Matrix Solutions, Inc., 442 S.W.3d 553 (Tex. App.—Houston [1st Dist.] 2014).publishedChild Welfare Unit, 835 S.W.2d 626 , 630 n. 10 (Tex.1992) (citing Carter v. William Sommerville & Son, Inc., 584 S.W.2d 274, 276 (Tex.1979)).
- Nat'l Cas. Co. v. Charlie Hinds Paint & Body, Inc. D/B/A Charlie Hinds Paint & Body, 434 S.W.3d 254 (Tex. App.—Houston [1st Dist.] 2014).publishedChild Welfare Unit, 835 S.W.2d 626 , 630 n. 10 (Tex.1992) (citing Carter v. William Sommerville & Son, Inc., 584 S.W.2d 274, 276 (Tex.1979)).
- Kyle Johnson & Dionne Johnson v. Graze Out Cattle Co., No. 07-10-00518-CV (Tex. App.—Amarillo July 18, 2012).publishedCarter v. William Sommerville & Son, Inc., 584 S.W.2d 274, 276 (Tex. 1979). 6 THE HERRING NOTE Having reviewed the record, we find there is no evidence that the Herring note was a partnership obligation or liability.
- Smith v. Smith, 22 S.W.3d 140 (Tex. App.—Houston [14th Dist.] 2000).published
- Seidman & Seidman v. Schwartz, 665 S.W.2d 214 (Tex. App.—San Antonio 1984).published
- Tieuel v. S. Pac. Transp. Co., 654 S.W.2d 771 (Tex. App. 1983).published
- Barron v. State, 746 S.W.2d 528 (Tex. App.—Austin 1988).published
Show 24 more citing cases
- Torrington Co. v. Stutzman, 46 S.W.3d 829 (Tex. 2001).published
- McCoy v. Nelson Utils. Servs., Inc., 736 S.W.2d 160 (Tex. App.—Tyler 1987).published
- Texas Gen. Indem. Co. v. Speakman, 736 S.W.2d 874 (Tex. App.—Dallas 1987).published
- Pulley v. Milberger, 198 S.W.3d 418 (Tex. App.—Dallas 2006).published
- Black v. Dallas Cnty. Child Welfare Unit, 835 S.W.2d 626 (Tex. 1992).published
- Odom v. Odom, 683 S.W.2d 135 (Tex. App.—San Antonio 1984).published
- Burns v. Burns, 116 S.W.3d 916 (Tex. App.—Dallas 2003).published
- Randy v. Squires Constr., Inc., 188 S.W.3d 396 (Tex. App.—Dallas 2006).published
- Rosestone Props., Inc. v. Schliemann, 662 S.W.2d 49 (Tex. App.—San Antonio 1983).published
- Thompson v. Texas Dep't of Human Resources, 859 S.W.2d 482 (Tex. App.—San Antonio 1993).published
- Bacon v. Kouri, 696 S.W.2d 599 (Tex. App. 1985).published
- Archer v. Bill Pearl Drilling Co., Inc., 655 S.W.2d 338 (Tex. App.—San Antonio 1983).published
- Fifty-Six Thousand, Seven Hundred Dollars in United States Currency v. State, 710 S.W.2d 65 (Tex. App.—El Paso 1986).published
- Phillips Pipeline Co. v. Woods, 610 S.W.2d 204 (Tex. App. 1980).published
- Furr's Supermarket, Inc. v. Williams, 664 S.W.2d 154 (Tex. App.—Amarillo 1983).published
- Stanley Stores, Inc. v. Chavana, 909 S.W.2d 554 (Tex. App.—Corpus Christi 1995).published
- John Edward Muller v. Deidre Denise Muller, No. 02-02-00349-CV (Tex. App.—Fort Worth Aug. 28, 2003).published
- Howard Hamilton v. Pat McClure D/B/A P.J.'s Contents Cleaning & the Beneke Co., No. 03-92-00170-CV (Tex. App.—Austin Feb. 17, 1993).unpublished
- Great Am. Lloyds Ins. Co. & Mid-Continent Cas. Co. v. Vines-Herrin Custom Homes L.L.C., Herrin-Custom Homes, Inc. & Emil G. Cerullo, No. 05-15-00230-CV (Tex. App.—Dallas Aug. 25, 2016).published
- Convalescent Enter., Inc. v. Farwell Hosp. Dist., 626 S.W.2d 608 (Tex. App. 1981).published
- Getty Oil Co. v. Corbin, 653 S.W.2d 342 (Tex. App.—San Antonio 1983).published
- GWM Corp. v. Wilson-Riley, Inc., 657 S.W.2d 903 (Tex. App.—Tyler 1983).published
- Ponton v. Watson, 695 S.W.2d 68 (Tex. App.—Corpus Christi 1985).published
- in the Est. of Soledad Banegas Shultz, No. 11-21-00177-CV, 2022 WL 4099404 (Tex. App.—Eastland Sept. 8, 2022).published
At page 279 “broad and wide-ranging liability”3 citing cases
- Perry v. S.N., 973 S.W.2d 301 (Tex. 1998).published
- Luensmann v. Zimmer-Zampese & Assocs., Inc., 103 S.W.3d 594 (Tex. App.—San Antonio 2003).published
- Praesel v. Johnson, 967 S.W.2d 391 (Tex. 1998).published
At page 277 Analyzing negligence per se under motor carrier act3 citing cases(2) such act or omission was that of defendant in person, or that of his servant, agent or representative acting within the scope of his employment; and (3)…
- Casey Gene Morgan v. John Freeman, D/B/A the Freeman Co., 715 F.2d 185 (5th Cir. 1983).published
- Scott Ex Rel. J.L.R. v. Butcher, 906 S.W.2d 16 (Tex. App.—Tyler 1995).published
- State v. Houdaille Indus., Inc., 632 S.W.2d 723 (Tex. 1982).published
v.
WILLIAM SOMMERVILLE AND SON, INC., Et Al., Respondents
This is a venue appeal in a wrongful death action involving primarily the issue of negligence per se. Leola Carter, plaintiff below and petitioner here, brought a wrongful death action in Henderson County against three parties: William Sommerville & Son, Inc., defendant below and respondent here, Lloyd Goins, and Doyle Ray Hundley. Sommerville filed a plea of privilege to be sued in its county of residence, Dallas County. The trial court overruled the plea of privilege. The court of civil appeals reversed and rendered judgment ordering that the case be transferred to Dallas County. 571 S.W.2d 953. We affirm the judgment of the court of civil appeals, but for a reason different from that expressed by that court.
This suit arises out of the death of Find-Ion Carter, an employee of the state highway department and husband of Leola Carter, plaintiff herein. On February 11, 1976 Findlon Carter was working as a flagman with a highway construction crew on State Highway 19, just south of the city of Athens, Henderson County, Texas. He was struck and killed by a pickup truck, which in turn had been struck from behind by a tractor-trailer rig driven by defendant Hundley. Hundley was an employee of defendant Goins. Goins had been employed by defendant William Sommerville & Son, Inc. to haul railroad crossties from Somer-ville, Texas to Paris, Texas.
Mrs. Carter filed this suit in the third district court, Henderson County. Sommer-ville filed a plea of privilege to be sued in Dallas County, its county of residence. In response thereto, Carter filed an amended controverting affidavit, arguing that venue was properly located where the accidental death occurred, in Henderson County, by virtue of Subdivisions 9a, 23, and 29a of Article 1995, Texas Revised Civil Statutes Annotated. After a hearing the trial court overruled the plea of privilege. No findings of fact and conclusions of law were ■ filed.
On appeal from an order overruling a plea of privilege, every reasonable intendment must be resolved in favor of the trial court judgment. James v. Drye, 159 Tex. 321, 320 S.W.2d 319 (1959). Further, when no findings of fact and conclusions of law are filed, the trial court judgment implies all necessary fact-findings in support of its judgment. In reviewing the record to determine if there is any evidence supporting the judgment and its implied findings, it is proper to consider only the evidence favorable to the issue and to disregard all evidence or inferences to the contrary. Goodyear Tire & Rubber Co. v. Jefferson Const., 565 S.W.2d 916 (Tex.1978).
The court of civil appeals held that there was no evidence to support venue in Henderson County under any of the exceptions relied upon by Carter. We agree with the court’s discussion of Subdivisions 23 and 29a and, therefore, will limit our discussion to Subdivision 9a.
The venue facts necessary for a plaintiff to establish by the preponderance of the evidence to sustain venue in a county other than the county of the defendant’s residence under Subdivision 9a are:
(1) an act or omission of negligence occurred in the county where suit was filed;
[*277] (2) such act or omission was that of defendant in person, or that of his servant, agent or representative acting within the scope of his employment; and
(3) such negligence was a proximate cause of plaintiff’s injuries. [1]
Carter alleged three theories of liability under this subdivision: negligence in fact, negligence per se, and respondeat superior. The court of civil appeals correctly held there was no evidence of either negligence in fact or a master-servant relationship between Sommerville and Goins (and through him, Hundley). We direct our attention only to the negligence per se holding.
Under the Texas Motor Carrier Act, defendants Goins and Hundley were required to have a permit or certificate of convenience and necessity issued from the Railroad Commission in order to operate commercially over the highways of this state between two or more incorporated cities. Tex.Rev.Civ.Stat.Ann. art. 911b, §§ 1(b), 3. Failure to comply with this requirement is a misdemeanor. Tex.Rev.Civ.Stat.Ann. art. 911i. Both Hundley, the driver of the tractor trailer,- and his employer, Goins, were aware of this requirement yet neither of them had such a certificate. The record herein reflects that Goins would often lie to police officers in order to hide his illegal conduct; i. e., his failure to have the required certificate.
Section 16(a) of the Act declares that any person or corporation who “procures, aids or abets in the violation of any provision of this Act” is guilty of a misdemeanor punishable by fine. [2] Section 16(b) creates a civil penalty, enforceable by the Attorney General, for the same offense. [3] Carter argues that Sommerville procured, aided or abetted in the violation of the Act by hiring Goins (and through him, Hundley), who was illegally operating without the required certificate. Consequently, Carter argues, by violating Section 16(a), a criminal statute, Sommerville was negligent per se and should be liable for the damages caused by Hundley.
The court of civil appeals held that the act of hiring alone was insufficient to establish a violation of Section 16(a). The court held instead that knowledge and intent were necessary elements of the “aiding and abetting” crime:
“Appellant [Sommerville] argues that one alleged to be an aider and abettor (1) must have knowledge of the illegality alleged plus criminal intent to violate; and (2) must actively or affirmatively encourage the principal actor in the violation, as opposed to merely consenting to it. We agree.” 571 S.W.2d 953 at 957.
Having determined that there was no evidence that Sommerville “knowingly” procured, aided or abetted in Goins’ and Hund-ley’s violations of the Act, the court of civil appeals held that Sommerville was not neg[*278] ligent per se. This holding conflicts with a prior holding by another court of civil appeals, Mason Feed Store v. Starks, 398 S.W.2d 392 (Tex.Civ.App.—Austin 1966, writ dism’d). It was on this ground that we granted the application for writ of error in the instant case. Tex.Rev.Civ.Stat.Ann. arts. 1821(5), 1728(2); State v. Wynn, 157 Tex. 200, 301 S.W.2d 76 (1957).
Negligence per se is a tort concept whereby a legislatively imposed standard of conduct is adopted by the civil courts as defining the conduct of a reasonably prudent person. Moughon v. Wolf, 576 S.W.2d 603 (Tex.1978). In such a case the jury is not asked to judge whether or not the defendant acted as a reasonably prudent person would have acted under the same or similar circumstances; the statute itself states what a reasonably prudent person would have done. If excuse is not raised (and it is not in this case), the only inquiry for the jury is whether or not the defendant violated the statute and, if so, whether this was a proximate cause of the accident. The court of civil appeals in the instant case did not hesitate to adopt the “procures, aids or abets” standard of conduct created by Section 16(a) as the appropriate standard of care in a civil case; the court merely held that Sommerville did not violate this legislative standard of conduct. We feel constrained, however, to examine the threshold issue of whether or not Section 16(a) appropriately defines the conduct of a reasonably prudent person.
It is well-established that the mere fact that the Legislature adopts a criminal statute does not mean this court must accept it as a standard for civil liability. Howsley v. Gilliam, 517 S.W.2d 531 (Tex.1975); Parrott v. Garcia, 436 S.W.2d 897 (Tex.1969); Rudes v. Gottschalk, 159 Tex. 552, 324 S.W.2d 201 (1959); East Texas Motor Freight Lines v. Loftis, 148 Tex. 242, 223 S.W.2d 613 (1949). It may generally be stated that the courts will not adopt a statute as a standard for negligence unless one of the purposes of the statute is to protect the class of persons to which the injured party belongs from the hazard involved in the particular case. Parrott v. Garcia, supra; East Texas Motor Freight Lines v. Loftis, supra; Worsham Buick Co. v. Isaacs, 121 Tex. 587, 51 S.W.2d 277 (1932); Missouri, K. & T. Ry. Co. of Texas v. Saunders, 101 Tex. 255, 106 S.W. 321 (1908); Restatement (Second) of Torts §§ 286-88.
The easiest type of negligence per se case is that one involving a traffic regulation. Courts have held that it is negligence per se to drive on the wrong side of the road, L. M. B. Corporation v. Gurecky, 501 S.W.2d 300 (Tex.1973), fail to stop at a railroad crossing when a train is approaching, Southern Pacific Company v. Castro, 493 S.W.2d 491 (Tex.1973), attempt to pass a vehicle when nearing an intersection, Imp-son v. Structural Metals, Inc., 487 S.W.2d 694 (Tex.1972), or knowingly permit an unlicensed individual to drive a car, Mundy v. Pirie-Slaughter Motor Co., 146 Tex. 314, 206 S.W.2d 587 (1947). See 1 Baylor L.Rev. 75 (1948). Other examples of statutes or ordinances that have been judicially adopted for purposes of imposing civil liability include legislation regulating clearance" heights of bridges and other structures crossing railroad tracks, Missouri Pac. R. Co. v. American Statesman, 552 S.W.2d 99 (Tex.1977), prohibiting participation in drag races, Parrott v. Garcia, supra, regulating the placement of telephone poles, Alpine Telephone Corporation v. McCall, 143 Tex. 335, 184 S.W.2d 830 (1944), and punishing railroad coach conductors who knowingly refuse to remove certain passengers from railroad cars, Texas & P. Ry. Co. v. Baker, 215 S.W. 556 (Tex.Com.App.—1919, holding approved).
As is readily apparent, in each of the examples listed above the statute, clearly defines the prohibited conduct. It is therefore relatively easy for the courts to analyze the statute, determine the class of persons it seeks to protect, define the protected interest of that class, and isolate the particular hazards covered by the statute. In[*279] contrast to these examples stands Section 16(a) of the Motor Carrier Act. It punishes anyone who “procures, aids or abets” in any violation of the Act. It is only by first finding a violation of some other section of the Act that the court may then find a violation of Section 16(a). Conversely, by applying a per se concept to Section 16(a), an individual could be subjected to broad and wide-ranging liability. It is our conclusion that this section of the statute, applicable to one who “procures, aids or abets” in the violation of another section of the Act, is too far removed to be adopted as a standard defining the conduct of a reasonably prudent person.
As noted above, the power of adopting or rejecting legislative standards rests with the civil courts. We may accept or reject the criminal statute or use such part thereof as may be deemed appropriate for our purposes. Rudes v. Gottschalk, supra, at 204-05. Section 16(a) is not an appropriate vehicle for the imposition of civil liability through negligence per se. The only legal consequences of its violation should be the criminal fines prescribed in Section 16(a) and the civil penalties levied in Section 16(b). [4] There have been only two negligence per se cases involving Section 16(a): Mason Feed Store v. Starks, supra, and the instant case. These opinions, from two different courts of civil appeals, both held that an unexcused violation of Section 16(a) constitutes negligence per se. The courts disagreed, however, as to the elements of knowledge required to prove a violation of Section 16(a). To the extent that these cases conflict with our decision today, such language and holdings are disapproved.
The court of civil appeals, in the case at bar, held that while an unexcused violation of Section 16(a) would constitute negligence 'per se, there was no evidence in the record showing that Sommerville violated the statute. It is the holding of this court that a violation of Section 16(a) does not constitute negligence per se. Therefore, we reach the same result as the court of civil appeals, but for a different reason.
The judgment of the court of civil appeals is affirmed.
. This suit was filed before the 1977 amendments to Subdivision 9a became effective. 1977 Tex.Sess.Law Serv., ch. 322, § 1, at 856.
. “Every officer, agent, servant or employee of any corporation and every other person who violates or fails to comply with or procures, aids or abets in the violation of any provision of this Act or who violates or fails to obey, observe or comply with any lawful order, decision, rule or regulation, direction, demand, or requirement of the Commission shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than Twenty-five Dollars ($25.00), nor more than Two Hundred Dollars ($200.00), and the violations occurring on each day shall each constitute a separate offense.” Tex.Rev.Civ.Stat. Ann. art. 911b, § 16(a).
.“Every officer, agent, servant or employee of any corporation and every other person who violates or fails to comply with or procures, aids of abets in the violation of any provision of this Act or who violates or fails to obey, observe or comply with any lawful order, decision, rule or regulation, direction, demand or requirement of the Commission shall in addition be subject to and shall pay a penalty not exceeding One Hundred Dollars ($100.00), for each and every day of such violation. Such penalty shall be recovered in any Court of competent jurisdiction in the county in which the violation occurs. Suit for such penalty or penalties shall be instituted and conducted by the Attorney General of the State of Texas, or by the County or District Attorney in the county . in which the violation occurs, in the name of the State of Texas.” Tex.Rev.Civ.Stat.Ann. art. 911b, § 16(b).
. In this connection, the Attorney General has filed an amicus curiae brief in support of petitioner Carter’s application for writ of error. The Attorney General expresses concern that his efforts to enforce the Motor Carrier Act through Section 16(a)’s misdemeanor fines and Section 16(b)’s civil penalties will be “hampered tremendously, if not completely stymied,” if the court of civil appeals opinion requiring actual knowledge, criminal intent, and active or affirmative encouragement is allowed to stand. Because of the manner in which we dispose of this case, there is no need to reach this question. Suffice it to say, however, that our opinion should not be read as approving the court of civil appeals writing on this point, nor should that portion of the court of civil appeals opinion relating thereto carry any great precedential weight when the issue is raised in the context suggested by the Attorney General.