Central of Georgia Ry. Co. v. Bates

The suit was for damages for wrongful death. The trial was had on count 3 for subsequent negligence and count AA charging “such servant, servants, agent or agents of the defendant wantonly, wilfully, intentionally and wrongfully caused the engine of said train or some part thereof to run upon, over or against plaintiff’s intestate, and as a proximate consequence thereof she was killed.” The pleas thereto were in short by consent.

The refusal of the general affirmative charge as to count AA is assigned as. error.

The distinction between wanton misconduct as applied to negligence resulting in…