Durham v. York

GOODWYN, Justice.

Appellee, E. T. York, brought suit against appellant, Buford S. Durham, in the circuit court of DeKalb County to recover damages allegedly resulting from an automobile collision. The jury returned a verdict in favor of plaintiff, on which verdict judgment was duly rendered. Defendant’s motion for a new trial being overruled, he brought this appeal.

The complaint consists of three counts, counts 1 and 3 charging simple negligence and count 2 charging “willful or wanton conduct.” The case went to the jury on all three counts.

The one assignment of error is that “the court erred…