73 So. 40 | Ala. | 1916
The case went to the jury on counts 3 and 5 of the complaint, and the court’s oral charge to the jury makes it plain that count 5 was considered by the court as charging wanton or intentional wrong. Upon the count so considered our opinion is that defendant was due the affirmative charge requested by it in writing; this for the reason that, in the judgment of this court, a finding of wantonness or intentional wrong on the part of defendant was
Reversed and remanded.