¶1We do not think it proved that deceased was intoxicated on the day of his death. We are not able to say, as a matter of law, that because two men have together consumed a pint of whisky in a day they must both be intoxicated. Judgment affirmed, with costs. All concur.
17 N.Y.S. 662
Goram v. Cable
Decided February 8, 1892
New York Supreme Court · decided 1892-02-08
Action by Elizabeth Goram, w'idow of James Goram, against Hanford R. Cable, under the “civil damage law,” for causing the death of her husband by furnishing him with the means of intoxication. There was evidence that deceased and a companion, after consuming a pint of whisky before reaching defendant’s place at Glenmere lake, on arriving there drank three glasses of beer each, obtained from defendant, after which they got into a boat, to go fishing.
Affirmed · Decided 1892-02-08