Denzer v. Terpstra

This court is of the opinion that the only assignment of error requiring extended consideration and discussion at this time is the one relating to the charge of the trial court on the subject of willful tort, inaccurately designated as “willful negligence.”

The plaintiff’s petition alleges that “the injuries he received and the expenses incurred as aforesaid were due solely and wholly to, and as a direct and proximate result of the negligent, reckless, unlawful, willful and wanton acts on the part of the defendant.” Then follow ten specifications.

Near the close of the court’s charge to the…