People v. McNutt

In People v. McNutt (1940) 40 Cal.App.2d Supp. 835, the court construed the words "willful and wanton disregard for the safety of persons or property" in Vehicle Code section 505, a predecessor to Vehicle Code section 23104, and remarked that wanton "'includes the elements of consciousness of one's conduct, intent to do . . . the act in question, realization of the probable injury to another, and reckless disregard of the consequences.'" ( Id. at p. 837.) The court epitomized the language of the statute as being akin to the willful misconduct standard under the former guest statute. The court stated: " 'Wilful misconduct implies at least the intentional doing of something either with a knowledge that serious injury is a probable (as distinguished from a possible) result, or the intentional doing of an act with a wanton and reckless disregard of its possible result.'" ( Id. at p. 838.)