Haag v. General Accident Fire & Life Assurance Corp.

The accident occurred at about 3 :30 a. m. on February 6, 1955. At the trial Matchey testified that he had been in three taverns prior to the accident and that he had consumed from six to 10 glasses of beer. The drinking was done between the hours of 11:30 p. m. and 3:30 a. m. Matchey further testified that this amount of beer did not impair his faculties. With reference to his drinking, the trial court gave the following instruction:

“In connection with this inquiry, you are instructed that you may consider the evidence as to the defendant’s drinking, but you must first be satisfied that the…