Yarbrough v. Hovis

SIMPSON, Justice.

This case was argued and submitted to this Court on January 19, 1965.

This is a suit for personal injuries commenced in the Circuit Court of Madison County. The complaint contained two counts. Count One charges simple negligence and Count Two charges wanton misconduct. The defendant’s demurrer to the complaint was overruled. He thereafter pleaded in short by consent, etc. The trial *518resulted in a verdict of $7,000 for the plaintiff on Count One, Count Two having been charged out. ' This appeal followed.

At approximately 6:30 A.M. on a cold November morning in 1961, the appellee…