Bergsrud v. Maryland Casualty Co.

We need not consider certain questions discussed in the briefs, among which are whether plaintiff was a passenger in the taxicab, whether the driver was negligent, and whether the action was properly continued against the Maryland Casualty Company. These questions become immaterial because the nonsuit was properly granted on the ground that the plaintiff was guilty of contributory negligence as a matter of law. We arrive at this conclusion notwithstanding the general rule of law that the mere fact that a person at the time he may receive an injury is intoxicated is not of itself evidence of…