wilful misconduct

Deliberate disobedience of the law, inclusive of acts of omission as well as acts of commission. The intentional doing, or omitting to do something, either with the knowledge that such act or omission is likely to result in harm or with a wanton and reckless disregard of the consequences. Gulf, M. & 0. R. Co. v Freund (CA8 Mo) 183 172d 1005, 21 ALR2d 729. Such conduct as manifests a disposition to perversity, and under such surrounding circumstances and existing con- ditions that the party doing the act or failing to act must be conscious from his knowledge of such circumstances and conditions that his conduct will in all common probability result in injury. Universal Concrete Pipe Co. v Bassett, 130 Ohio St 567, 200 NE 843, 119 ALR 646. The expression means something different from and more than negligence, however gross. There must be actual knowledge, or that which in the law is esteemed to be the equivalent of actual knowledge, of the peril to be apprehended from the failure to act, coupled with the conscious failure to act to the end of averting injury. Helme v Great Western Milling Co. 13 Cal App 416, 185 P 510. Wilful misconduct depends upon facts of the particular case and necessarily involves deliberate, intentional, or wanton conduct in doing or omitting to perform acts, with knowledge or appreciation of the fact on the part of the culpable person that danger is likely to result therefrom. Cowgill v Bones, 189 Or 282, 218 P2d 445, 19 ALR2d 405. As to what constitutes wilful misconduct in reference to the application of statute respecting liability of motorist for injury to guest, see Anno: 136 ALR 1271. See serious and wilful misconduct.