Page:Federal Reporter, 1st Series, Volume 5.djvu/552

 540 FEBBKAL EBPOBTBB. ^ �of à publie street, Ihe intoxication of tKe plaintiÔ cannot excuee auch gross negligence. A drunken mah is as much etilitled to a eafe street iaië a sober one, and much more in needof it." - �As io the warning, admitting, for the presenli, that th'e defendant migM by'this means excuse itself for the want of light, guàrd, and'Signalfor landing, the proof is'not eatisfac- tory that àny distinct warning not to go a;8hore was gix^n to the deeeased that h6 was'bound to recognizie, as intended for him, or as coniing from any one atithorized to direct or inter- fere with the conduct of the passengers, The objurgation of the driver of the mail wagon is claimed to have beeh a suf- ficient warning; but,'apart from the fact that he was only a paissenger, the fair inference from ail the cireumstances is that what' the driver said was occasioned by and confined to the alleged interference of the deceased with bis horse. The pilot, (Charles F. Jones,) who, under the cireumstances, ap- pears to be a fair witness, did call ont from the pilot-house, àiid probably as the deceased was going forward, "to stand liacik." But there is no evidence that the call was particu- lafly intended fox the deceased, or if it was that he had any reason to think so, or even that he heard it. There were other persons in iiSbnt of the pilot-house, also going forward, as well as the deceased. ^ The deceased was a stranger to the boat, the place, and the manner of proceeding. He saw the great bulk of the passengers had gone off, and if he heard the call he might as well have understood it as applicable to the hôtel runners on the edge of the pontoon waiting to catch the rest of the passengers. Some of the witnesses on shore also state that they cried, "Stand back," intending it for the de- ceased, without, however, mentioning any name. But their testimony upon this point is vague and indefinite, and upon other points where the facts are clear some of them are' much mistaken. One in particular states that the boat was fast- ened upon the lower sida of the pontoon, while there is no doubt but that it was fastened on the upper side ; and that the passengers got off on the lower side, when it is ����