Culverhouse v. Gammill

We think that the trial court erred in giving the affirmative charge as to count 2, the wanton one. The evidence showed that this was a popular street, and also tended to show that the defendant was running his car at from 45 to 70 miles per hour, and the jury could have inferred wanton misconduct on the part of the defendant. True, we have railroad cases holding that a high rate of speed alone does not amount to wantonness, but those are different cases. There the defendant was using its own track. Here the defendant was using a street open to the public, and which was quite popular. As to…