Short v. . Kaltman

Stacy, C. J.,

after stating the case: The appeal presents the single question as to whether the plaintiff, Frank H. Short, on the instant record, is entitled to execution against the person of Orris N. Brinkley. We think not.

In the first place, it will be observed that in the complaint the words “reckless” and “wanton” are used conjunctively, which, when thus employed, convey the meaning of wilful misconduct or intentional wrong. Bailey v. R. R., 149 N. C., 169. But in the issue submitted to the jury, the word “wanton” is omitted, and only the word “reckless” is' used. The record discloses…