Luxenburg v. Aycock

(After stating the foregoing facts.) We think the court should have, sustained the demurrer in whole, instead of sustaining it in part and overruling it in part. In other words, our opinion is that the petition failed in any count to set forth a cause *726of action. The petition alleged in certain counts that the acts of the defendants amounted, under the circumstances, to wilful and wanton misconduct, while in other counts it was averred on the same state of facts that the defendants were guilty of gross negligence; but in the view which we take of the ease it is unnecessary to determine whether…