Brock v. Waldron

The complaint alleged that "said decedent’s death was caused solely by the reckless, careless and negligent operation of defendant’s automobile,” and assigned the usual negligence specifications. At the close of the evidence the court discovered in the requests to charge a claim of wanton misconduct and inquired of counsel, “Where do you get wanton misconduct in this case?” The reply was, “If the jury found this man was driving the automobile carelessly, and should have had an idea this man would be on that road, wouldn’t that be wanton misconduct?” The court replied, “I should say not. If I…