Robinson v. Pioche, Bayerque & Co.
Supreme Court of California, 1855
5 Cal. 460
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Brief Fact Summary
Defendants leave an uncovered hole in the sidewalk of a public street, and drunk pedestrian (plaintiff) is injured.
Rule of Law and Holding
Topics
Edited Opinion
Note: The following opinion was edited by CVN Law School staff. © 2012 Courtroom Connect, Inc.
Heydenfeldt, J. 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.