Wagnon v. Patterson

MERRILL, Justice.

Defendant, Mr. Wagnon, has appealed from a judgment in the Circuit Court of Mobile County in favor of plaintiff, Mr. Patterson, against him and Mrs. Ella Jean Weeks, who has not joined in this appeal. The judgment against both defendants was under Count One of the complaint as amended, which charged simple negligence. The complaint was in two counts. Count two charged both defendants with wilful or wanton conduct. The trial court submitted both counts to the jury.

The plaintiff-, Mr. Patterson, was an occupant of Mr. Wagnon’s automobile at the time .that it was involved in an…