Alabama Power Co. v. Elmore

This ease was 'Submitted to the jury '0m a simple negligence count. The court affirmatively instructed for appellant on the wanton and willful count. There was no evidence offered by defendant except some photographs. Plaintiff’s intestate was killed by a street car running over him after he had fallen from a truck on the running board of which he was riding and fell from that position 'Onto the track on which defendant’s ear was approaching.

In argument, plaintiff’s counsel stated: “There is fault on the part of this defendant in not producing the motorman to testify in the trial of this…