Couch v. Hutcherson

FOSTER, Justice.

There are two questions in this case of primary importance. Both are involved in the affirmative charge requested for appellant. One question is whether there is sufficient evidence to support a charge of wilfully or wantonly causing the death of plaintiff’s intestate, and the other is whether plaintiff should have proceeded under the Workman’s Compensation Law, Code 1940, Tit. 26, § 253 et seq., on the theory that his intestate was an employee of appellant and that he suffered death by an accident arising out of and in the course of his employment. There are other collateral…