Reyes v. Missouri Pacific R.R.
5th Circuit
589 F.2d 791 (1979)
Relevant factsFree
Reyes (plaintiff) sued Missouri Pacific Railroad (defendant) after one of its trains struck and injured him. At trial, the judge let the railroad introduce evidence that Reyes had been convicted of public drunkenness four times over three and a half years, to support its theory that Reyes was drunk and lying on the tracks when hit. The jury ruled for the railroad, and Reyes appealed, arguing the convictions should not have been admitted.
IssueFree
Whether admissible habit evidence must show a person's regular response to a repeated specific situation.