Duke v. Gaines

Action under the homicide statute (Code 1923, § 5696) for negligent or wanton conduct causing the death of plaintiff’s intestate.

Decedent, A. A. Gaines, came to his death, according to plaintiff’s evidence, as the result of personal injury received by coming in collision with an automobile owned and driven by the defendant at a public street crossing.

The first insistence is that defendant was due the affirmative charge on the wanton count.

“Wanton injury” was quite accurately defined by the trial court in these words: “Wantonness is a conscious doing of some act or omission of some duty under…