Simon v. Goodman

THOMAS, Justice.

The question presented by the appeal is the giving at defendant’s request the general affirmative charge as to the wanton count.

There are many decisions by this court, touching the question presented for decision, not necessary to cite. Typical cases of wantonness, supported by a scintilla of evidence are: Lambert v. Birmingham Electric Co., ante, p. 333, 13 So.2d 579; Birmingham Railway, Light & Power Co. v. Jung, 161 Ala. 461, 475, 49 So. 434, 18 Ann.Cas. 557; Birmingham Electric Co. v. Mann, 226 Ala. 379, 147 So. 165; Dozier v. Woods, 190 Ala. 279, 67 So. 283; Duke v.…