McCarty v. Gappelberg

MASSEY, Chief Justice.

From an adverse judgment in a personal injury case, the plaintiff appealed. ■ A take-nothing judgment was returned upon a jury verdict convicting the plaintiff of contributory negligence. . -

Judgment reversed and remanded.

The question posed by this appeal is whether proof is admissible to show a history of intemperate habits on the part of a plaintiff in ’ the absence .of any competent evidence raising an issue as to whether he was intoxicated at the time of the occurrence of the accident in which he sustained injuries, and/or in the absence of competent evidence raising…