Sanderson v. Frawley

Plaintiff urges four grounds for reversal. 1. The jury’s finding that plaintiff knew defendant was intoxicated when he entered the car is challenged ^ as not supported by the evidence. We consider, however, that there was enough evidence to warrant the finding.

The fact that defendant was intoxicated, to an extent substantially impairing his ability to operate and control his automobile properly, stands established without challenge by the answer to question 1. Plaintiff entered Frawley’s car shortly after 1 a. m. In the ten hours from 2 the previous afternoon until midnight, Frawley had sat…