McCarty v. O. H. Yates & Co.

Plaintiff brought suit against defendant to recover damages for personal injuries sustained as a result of a collision between a car in which he was riding and a truck belonging to defendant. There was a jury verdict for plaintiff in the sum of $10,000; the trial court required a remittitur of $2,500, which plaintiff accepted. Judgment was entered for $7,500, and defendant appeals.

The complaint as amended, consisting of a single count, charged both general negligence, and wilful and wanton misconduct, as a basis for suit. Defendant in answer denied both negligence and wantonness on its part,…