Louisville & N. R. Co. v. Scott

The cause was tried on two counts, one charging subsequent negligence, and the other wanton negligence, and issué was joined on a plea in short by consent, as to each count, with leave to give in evidence any matter of defense, etc.

The first proposition in appellant’s brief is that the defendant should have been given the general charge as to the count claiming for subsequent negligence.

We recognize the rule so clearly stated in Young v. Woodward Iron Co., 216 Ala. 330, 113 So. 223, that “knowledge of peril, as an essential predicate for guilt of subsequent negligence,” is necessary, and that…