Page:Federal Reporter, 1st Series, Volume 5.djvu/551

HOLMES V, OBBGON & QAtlTO^NIA »T. 00. &3y �hôtels that rep^iv)?ia large Bliare,pftheir patronage, fjrpnxthe ■travel over this road. They are evidentlynwre. Of l,e9^;iû sympathy with the defendant or its representatiyesSj ^ho are persons of standing and influence in this community, whi|e the deceased was a poor strangerwithout friends.oiriinauence. The oircumstances to which mapy of them speak, oçcurred i?^ a crowd on the boat and thô'poatoon, when the deceasedwas utteriy unknown to most of them, while the darkn^^S and confusion was such as to prevent aeci^ratie or reliable obserr vation or apprehension of iwhat did take place. r ; �Upon the que$,tion of intoxication my conclusion -19 thaf while the train was delayed at Oregon, City the deceasfld became partially intoxicatejd.but not soaa to reii^çr him at ail helpless or unconscious, but that beforç heieached the.ferry- boat th&'effect of the liquor had practically passed away, He appears to have, gone back and forth on the train during the passage from Of egon City without . diffioulty. He also ap- pears to haye gotten down from the cars at the depôt, and walked to the ferry-boat, and sat in the cabin whilç crossipg the river, without any trouble or a,ttracting the attention pf those in his immediate .ppesence and coinpany. It is, ad- mitted that intoxication U evidence of cpntribi|itory;. negli- gence, and in some cas^s.niay be suffieient to establish.it, But it is npt admitted, under the circumstanqes of this case, that if the deceased ha4 been stagg^ring drunk the defendant would not be liable for his deathfc/( The defendant' received him on its boat without objection, and if he. was palpahly drunk it was bound to takecaiie of him ac,cor4.ingly.r ; m ( �In Rohinson v. Pioche, S Ga,l.e6ô', whieh> was aiija;qtiipn;|(H^ damages sustained by the -plaintiff : f^lliûg, into m. nOiÇPVr ered hole, dug in the sidftwBik». in, -front of the d^jfeiidant's premises, and taken to the .çupremôi court; uppn an exception to the charge in the court , bM^w,:4p the 'ôiiôot thatj if the intoxication iôf the plaintiff .was ,one of, the.causfts Of , the injury, hecoold.nat i^ço^pr, Hydenfelt, J., .in dfeiiveringrithe opinion of the court? fpj? reversai,. Isaidi "If thlô defendants ■wete at fault-in leaviag'^! an :oncp.\sered hole, in the sidewalk ����