Scott v. Louisville N. R. Co.

This case was tried on count 8, a wanton or willful one, and as to which contributory negligence was not, and could not have been, properly pleaded. Therefore there was no error upon the part of the trial court in refusing the plaintiff’s requested charges dealing with contributory negligence which was in no sense an issue in the case, notwithstanding some of the proof, which was a part of the res gestse, may have had a- tendency to show contributory negligence on the part of the plaintiff’s intestate.

It is true that a wanton killing need not amount to murder,"but there was no error in…