Atkins v. Moye

The first question raised by plaintiff on appeal is whether the court erred in submitting to the jury the question of whether he was driving a motor vehicle while under the influence of some intoxicating beverage on the issue of contributory negligence. He strenuously argues that there was insufficient evidence of intoxication to warrant a finding of intoxication.

The portion of the charge to which the plaintiff excepts and which he assigns as error is:

“Now the defendant also contends that on this occasion the plaintiff was operating a vehicle while under the influence of some intoxicant.…