Hines v. Miniard

The first appeal, decided June 30, 1920, was on the issue of wanton misconduct of Conductor Wakefield after plaintiff had complained to that official to prevent a continuation of abqse and insult. Hines v. Miniard, 204 Ala. 514, 86 South. 23, 12 A. L. R. 238. The gravamen of count A, on which the second trial rested, was that the injury plaintiff suffered was proximately caused by the gross and wanton negligence of the defendant’s servants, acting within the line and scope of their employment in and about the carriage of plaintiff as a passenger.

Defendant requested general affirmative charges…