Roszman v. Sammett

The record presents this question for determination :

Do the facts and circumstances as disclosed by the *96record show a wanton act on the part of the defendant which precludes the defendant from urging the negligence of plaintiff’s decedent as a defense to this action?

The basis for plaintiff’s claim, as set forth in her petition and evidence adduced in her behalf, is that the proximate cause of her decedent’s death is the wanton misconduct of the defendant. If the evidence supports plaintiff’s position, then the defendant’s assertion that the decedent was contributorily negligent as a matter of…