Birmingham Electric Co. v. Mann

GARDNER, Justice.

We consider the case of Byram & Co. v. Bryan, 224 Ala. 466, 140 So. 768, as authority in support of amended count 2 as against the demurrer interposed thereto, which is distinguishable from those counts where the facts are particularized. Blackmon v. Central of Georgia R. Co., 186 Ala. 635, 64 So. 592; Jones v. Keith, 223 Ala. 36, 134 So. 630; Southern R. Co. v. Weatherlow, 153 Ala. 171, 44 So. 1019.

True, as argued by counsel for appellant, the wantonness here charged must rest upon the servant’s or agent’s actual knowledge, and, if submission of the wanton count to the jury…