Wilhite v. Webb

LIVINGSTON, Justice.

The suit is for personal injuries sustained by plaintiff when struck by an automobile belonging to and operated by the defendant.

The complaint consisted of two counts: one based on simple negligence, the other wanton misconduct. The de fendant interposed a plea of the general issue in short by consent which, of course, included contributory negligence of plaintiff in defense of the count for simple negligence.

The trial court gave the general charge for defendant as to the wanton count, and submitted to the jury the simple negligence count, together with the issue of…