65 So. 716 | Ala. Ct. App. | 1914
We are not of opinion that there was any evidence to sustain the averment of the fourth
There was no pretense of evidence tending to prove that the injury was -willfully or intentionally inflicted. Nor was any employee in charge of the operation of the train chargeable with wantonness in the circumstances disclosed by the evidence. One is not chargeable with wantonness unless he knows of the existence of such
Whether the plaintiff was or was not guilty of contributory negligence in failing to stop at a point nearer the track than he did was a question for the jury, as we ruled on similar evidence in the suit brought by his father Avhich was based upon the same occurrence. — Seaboard Air Line Ry. Co. v. Hudgins, infra. 64 South. 666.
Reversed and remanded.