MAYFIELD, Justice. This is an appeal from a jury's verdict and the judgment thereon, rendered by the Circuit Court of Coffee
County. Plaintiff-appellee recovered a verdict under the homicide statute for the alleged wrongful death of plaintiff's intestate.
The deceased was an invited guest in defendant's automobile. The complaint consisted of a single count founded on Section
123, Title 7, Code of Alabama 1940. Consequently plaintiff's recovery was for punitive damages. This suit is necessarily governed by Section 95, Title 36, Code of Alabama 1940. The measure of defendant's duty to plaintiff's
intestate was not to willfully or wantonly injure or kill her.