Cox v. Nicholes

Plaintiff, as administrator of the estate of a child aged six years, brought action against the estate of the mother of the child. The deaths resulted when the automobile driven by the mother was struck by a train.

Prior to trial the court ordered that a count alleging ordinary negligence be stricken and dismissed. At the trial the court directed a verdict for the defendant upon a count alleging willful and wanton negligence of the mother.

Upon this appeal, the issue is whether the court erred in such disposition of the count for ordinary negligence. Defendant’s motion did not specifically…