Supreme Court of Alabama February 3, 1916 (Louisville & Nashville R. R. v. Porter)

SAYRE, J.

Plaintiff (appellee) sued in two counts, charging: (1) That defendant’s servants or agents wantonly or willfully ran or propelled a locomotive engine upon or against plaintiff’s decedent, thereby killing him; and (2) that defendant’s servants or agents negligently ran or propelled the engine upon or against plaintiff’s decedent after his peril was discovered by one of them, thereby