Johnson v. Poinsett Lumber & Manufacturing Co.

Johnson, C. J.,

(after stating the facts). It is apparent from the allegations of the complaint that the only cause of action alleged or relied upon by appellants was based upon the doctrine of “discovered peril,” or that appellees, after discovering the perilous position of appellant, “carelessly, negligently, wilfully and wantonly drove said car against her, ’ ’ thereby inflicting the injuries complained of.

The court, without objections by appellants, submitted to the jury only the question of “discovered peril” by giving to the jury instructions 1, 2, 3, 5 and 6. The fact is appellants…