McNickle v. Stripling

SIMPSON, Justice.

This is an action for damages due to a collision of a motorcycle plaintiff was riding and the automobile defendant was driving.

There were two counts, one for simple negligence and the other based on wanton misconduct. The court charged out the wanton count at the request of the defendant and the case went to the jury on the negligence count. There was a verdict and judgment for the defendant and the plaintiff brings this appeal.

The decisive question is whether there was error in giving the affirmative charge for defendant on the wanton count and we hold that there was.…