McCue v. Klein

Citations

• 60 Tex. 168
• 1883 Tex. LEXIS 291

Syllabus

<p>1. Damages—Injuries resulting in death.—If one whose mental faculties are suspended by intoxicating drink is induced to continue to swallow spirituous liquor to such excess as manifestly to endanger his life, and he dies therefrom, he who thus takes advantage of his helpless and drunken condition is liable in damages (under arts. 3899, 3900 and 3903 of the statutes) to the surviving husband, wife, children and parents of the deceased.</p> <p>2. Same.— The fact that the deceased killed himself by drinking on a wager as to the quantity of liquor he could swallow, when the experiment was likely to result in death or great bodily harm, cannot relieve those who induced the act from liability. Consent to an assault is no justification.</p>