Proctor v. Coffey

FOSTER, Justice.

This is an appeal from a judgment setting aside a verdict and judgment in favor of defendant, in a suit under the homicide statute (Code 1923, § 5696). Plaintiff’s intestate was riding on the back seat of the car at the invitation of defendant. That situation required of defendant an exercise of ordinary care not to injure him. The counts separately charged negligent injury and willful and wanton injury, causing death.

There were pleas of contributory negligence for the failure to protest after knowledge of the negligent and dangerous operation of the car. They were held good…