Snider v. Alabama Great Southern R. Co.

Counts 7 and 8 charge wantonness, but the facts set up as constituting same are not sufficient as the' mere failure to observe the statutory requirement as to signals even at a populous place or crossing without more is not per se wantonness. A. G. S. R. R. v. Linn, 103 Ala. 134, 15 South. 508; L. & N. R. R. v. Turner, 192 Ala. 392, 68 South. 277. For aught appearing from said counts, the train may have been moving at a very slow rate of speed. Moreover, count 4, to which the demurrer was overruled, charged wantonness in most general terms, and under which the plaintiffs could prove wanton…