Page:Federal Reporter, 1st Series, Volume 5.djvu/551

 HOLMES V, OBBGON & QAtlTO^NIA »T. 00. &3y �hôtels that rep^iv)?ia large Bliare,pftheir patronage, fjrpnxthe ■travel over this road. They are evidentlynwre. Of l,e9^;iû sympathy with the defendant or its representatiyesSj ^ho are persons of standing and influence in this community, whi|e the deceased was a poor strangerwithout friends.oiriinauence. The oircumstances to which mapy of them speak, oçcurred i?^ a crowd on the boat and thô'poatoon, when the deceasedwas utteriy unknown to most of them, while the darkn^^S and confusion was such as to prevent aeci^ratie or reliable obserr vation or apprehension of iwhat did take place. r ; �Upon the que$,tion of intoxication my conclusion -19 thaf while the train was delayed at Oregon, City the deceasfld became partially intoxicatejd.but not soaa to reii^çr him at ail helpless or unconscious, but that beforç heieached the.ferry- boat th&'effect of the liquor had practically passed away, He appears to have, gone back and forth on the train during the passage from Of egon City without. diffioulty. He also ap- pears to haye gotten down from the cars at the depôt, and walked to the ferry-boat, and sat in the cabin whilç crossipg the river, without any trouble or a,ttracting the attention pf those in his immediate .ppesence and coinpany. It is, ad- mitted that intoxication U evidence of cpntribi|itory;. negli- gence, and in some cas^s.niay be suffieient to establish.it, But it is npt admitted, under the circumstanqes of this case, that if the deceased ha4 been stagg^ring drunk the defendant would not be liable for his deathfc/( The defendant' received him on its boat without objection, and if he. was palpahly drunk it was bound to takecaiie of him ac,cor4.ingly.r ; m ( �In Rohinson v. Pioche, S Ga,l.e6ô', whieh> was aiija;qtiipn;|(H^ damages sustained by the -plaintiff : f^lliûg, into m. nOiÇPVr ered hole, dug in the sidftwBik». in, -front of the d^jfeiidant's premises, and taken to the .çupremôi court; uppn an exception to the charge in the court, bM^w,:4p the 'ôiiôot thatj if the intoxication iôf the plaintiff .was ,one of, the.causfts Of , the injury, hecoold.nat i^ço^pr, Hydenfelt, J., .in dfeiiveringrithe opinion of the court? fpj? reversai,. Isaidi "If thlô defendants ■wete at fault-in leaviag'^! an :oncp.\sered hole, in the sidewalk ����