Fain v. Hughes

Plaintiff brought this action for damages for injuries he sustained in a collision between the automobile he was driving and the vehicle operated by the defendant. Plaintiff alleged negligence on the part of the defendant, including failure to exercise proper control of the vehicle and operating his vehicle while under the influence of intoxicating liquor. The jury returned a verdict in favor of the defendant and judgment was entered accordingly.

The plaintiff appeals and raises three issues: (1) the court erred in striking the issue of intoxication as not being supported by the evidence; (2)…