Garing v. Boynton

This is an action on the case to recover damages for personal injuries. The complaint on which the case was tried consists of counts 2, 3, 5, and 6. Counts 2, 5, and 6, ascribe the plaintiff’s injuries to the negligence of defendants in maintaining an elevator in their store in Talladega, Ala., and count 3 alleges that plaintiff’s said “wounds, injuries or damages were the proximate consequence and caused by the wantonness and wilfullness of the defendants’ servants or agents while acting within the line or scope of their employment.”

The defendants’ pleas of contributory negligence, numbered…