Callaway v. Griffin

THOMAS, Justice.

The suit was under the homicide statute. There were three counts as framed charging subsequent negligence, and a willful and wanton count. When the evidence was in defendant requested the general affirmative charge as to each count, which was refused. This ruling of the court is assigned as error.

Each of the four counts of the complaint upon which defendant’s alleged liability is predicated proceed upon the theory and .aver that the servants, agents or employees of the defendant committed the wrongful act complained of after the danger to plaintiff’s intestate was discovered,…