Missouri Pacific Railway Co. v. Evans

Citations

• 71 Tex. 361
• 1 L.R.A. 476
• 9 S.W. 325
• 1888 Tex. LEXIS 1150

Syllabus

<p>1. Intoxication no Excuse for Negligence.—It can not be conceded to one incapable of protecting himself from the voluntary use of intoxicants, that by entering upon a train from which he is forbidden, and without the knowledge or consent of the conductor, that thereby he can impose upon the railway company any duty beyond ordinary care to protect him from injury while upon the train, and to leave him in a reasonably safe condition.</p> <p>2. Intoxication Dobs not Relieve from Duty of Garb.—If intoxication, to the extent of insensibility, is chargeable as negligence when contributing to personal injury it would follow that a less degree of, or partial, intoxication would not excuse or dispense with the duty of self protection by proper care to avoid danger.</p>