Downing v. Marlia

OPINION

By the Court, Zenoff, D. J.:

Appellant, plaintiff below in an automobile injury action, appeals from a judgment for defendant on grounds that the trial court erroneously admitted evidence of plaintiff’s intoxication at the time of the accident and erroneously gave certain instructions over objection while refusing to give others.

Plaintiff Downing and defendant Marlia met and drank at the bar of the Fernley Inn beginning about 2:00 a.m., on Saturday, December 21, 1963. They had previously been strangers to each other. The two remained in the vicinity of the bar and drank for about six…