Day v. Downey

FOSTER, Justice.

There were two counts on which this action was tried. Both are based on a claim of willfully or wantonly causing the death of plaintiff’s intestate. In Count A the wrong is charged to the defendant Day who is alone sued. In Count B it is charged to one Dunn, alleged to have been the agent, servant or employee of defendant Day, and acting in the line and scope of his employment. Both counts allege that decedent Downey was at the time riding in the car owned by defendant as his guest. They both allege that his death resulted as a proximate, consequence of the willful or wanton…