Supreme Court of Alabama November 15, 1904 (Montgomery Street Railway v. Rice)

ANDERSON, J.

The trial court charged out all of the counts of the complaint except number 3, which charges a willful or wanton act.

Under the evidence, although there ivas a conflict as to the rate of speed the car was going, and as to the motorman’s knowledge of the surroundings, the trial court properly left it to> the jury to determine, whether or not defendant ivas guilty of a wanton or