Robinson v. Pioche, Bayerque & Co.
Supreme Court of California
5 Cal. 460 (1855)
Relevant factsFree
Pioche, Bayerque & Co. (Pioche) (defendant) dug a hole in the sidewalk in front of its property and left it uncovered, and Robinson (plaintiff), who was extremely intoxicated at the time, fell into it and was injured. The trial court ruled for Pioche, finding Robinson comparatively negligent because of his drunkenness, and Robinson appealed.
IssueFree
Whether gross negligence resulting in personal injury may be excused on the ground that the victim was drunk and thus comparatively negligent.