Decatur Petroleum Haulers, Inc. v. Germany

LIVINGSTON, Chief Justice.

This is an appeal from a judgment of the Circuit Court of Morgan County, Alabama, awarding damages to the plaintiff for injuries received when the automobile in which he was riding as a passenger was involved in a collision with a gasoline truck of the defendant corporation. ,

The complaint consisted of two counts: One for simple negligence, the other for the willful or wanton misconduct of the defendant; both submitted to the jury.

Appellant contends that Count 2, the willful or wanton count, is in trespass, as distinguished from trespass on the case, and since no…