Tindell v. Guy

THOMAS, Justice.

The suit by the administratrix was for death of intestate caused by collision with defendant’s automobile.

Amended plea four for contributory negligence was subject to the demurrer and was no answer to count two declaring for the willful and wanton conduct of defendant. This ruling was corrected by the trial court in the general charge and in written charge number two, given at the defendant’s request, limiting that plea to the count declaring for simple negligence, and excluding it as an answer to the second.count declaring for a willful and wanton injury. Jones v. Alabama…