Robinson v. Lovell

1 Citing case

  1. Mccarty v. Gappelberg

    273 S.W.2d 943 (Tex. Civ. App. 1954)   Cited 20 times
    In Gappelberg we held that for the purpose of establishing the primary fact for which it was admitted, that plaintiff was intoxicated at the time of his accidental injury, it was inadmissible and amounted to reversible error under the test of Texas Rules of Civil Procedure 434.

    The evidence of antecedent intemperate habits would not be direct evidence upon the actual issue (viz.: was plaintiff intoxicated at the time he was injured?), but would be evidence tending to substantiate the defendant's other proof bearing upon the plaintiff's intoxication at the material time of his accident by way of corroboration. 17 Tex.Jur., 'Evidence', p. 412, sec. 147, 'Intoxication', and p. 416, sec. 149, 'Habit'; McCormick and Ray, Texas Law of Evidence, p. 881, sec. 685, 'Intoxication'; Robinson v. Lowell, Tex.Civ.App.Galveston 1951, 238 S.W.2d 294, writ refused, n. r. e., and authorities therein cited. In the instant case the plaintiff was a pedestrian and was struck by the automobile of the defendant as he crossed a steet in the 'crosswalk'.