Linville v. Crittenden

MERRILL, Justice.

This appeal is from a judgment in favor of appellee in the amount of $4,500. Appellee’s complaint was in two counts, Count 1 being in simple negligence and Count 3 charging wanton misconduct. A motion for a new trial was overruled.

The facts are in conflict but appear to be substantially as follows:

On February 1, 1959, one Barnes, a taxi driver employed by appellant, was driving appellant’s taxicab in the line and scope of his employment in the City of Sheffield, at about 5:00 P.M. He testified that he was flagged down by Curtis Crittenden, the husband of appellee. When Barnes…