Mitchell v. Shoals, Inc.

The facts are fairly stated in the dissent, so will not be repeated at length. The testimony of the plaintiff— while, perhaps, susceptible to an inference of further drinks, after her fifth drink — is limited by her statement, “ Nothing that I know of ” in response to the question “ [ajfter the fifth one, what did you have to drink? ” All of the testimony is agreed that plaintiff fell asleep at the table in the cafe, and that she was removed, still sleeping, and placed in the Taylor car. There is no testimony or claim that plaintiff at any time purchased or paid for the drinks consumed by any…