Barfield v. Wright

HARWOOD, Justice.

The complaint below as originally filed contained two counts. Both counts claimed damages resulting from a collision between the defendant’s automobile and that of the plaintiff. Count 1 averred the negligent operation of defendant’s automobile, and Count 2 asserted that plaintiff’s damages resulted from the wanton operation of defendant’s automobile.

The defendant’s demurrer to the complaint being overruled, the defendant then pleaded the general issue in short by consent with leave to give in evidence any matter in defense which might be specially pleaded but not to include…