Robinson v. Pioche, Bayerque & Co. (1855) · DecisionDepot

Robinson v. Pioche, Bayerque & Co.

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1855Published

Before: Heydenfeldt

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Holding. A defendant's negligence in maintaining a public street cannot be excused by the plaintiff's intoxication, as intoxicated individuals are entitled to the same level of street safety as sober individuals.

Issues

Whether a plaintiff's intoxication excuses a defendant's negligence in leaving an uncovered hole in a public sidewalk.

Disposition. Reversed and remanded.

Quotations verified verbatim against the opinion

“A drunken man is as much entitled to a safe street, as a sober one, and much more in need of it.”

“If the defendants were at fault in leaving an uncovered hole in the sidewalk of a public street, the intoxication of the plaintiff cannot excuse such gross negligence.”

Synopsis

Intoxication of the plaintiff is no defense to an action for damages for injuries caused by falling through an uncovered hole in the sidewalk of a public street.

Heydenfeldt, J., delivered the opinion of the Court. Murray, C. J., concurred.

The Court below erred in giving the third, fourth and fifth instructions. If the defendants were at fault in leaving an uncovered hole in the sidewalk of a public street, the intoxication of the plaintiff cannot excuse such gross negligence. A drunken man is as much entitled to a safe street, as a sober one, and much more in need of it.

The judgment is reversed and the cause remanded.

Robinson v. Pioche, Bayerque & Co.

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