Greene v. Mathiowetz

With all respect for my colleagues’ views on the subject of “hangovers,” I cannot concur in the view that the evidence of intoxication some five hours before the accident was admissible when it was conceded that plaintiff was sober not only at the time of the accident, but had been exposed to the open air for an extended period in the interim. I cannot see that the evidence comes within the rule stated in State v. Jenkins, 171 Minn. 173, 213 N. W. 923. It would be equally pertinent and not so prejudicial, it seems, to show that plaintiff was afflicted with dyspepsia or similar ailment. The…