146 Pa. 610 | Pennsylvania Court of Common Pleas, Alleghany County | 1892
The important question upon the trial below was, whether the liquor furnished Robert Davies by the appellants was the proximate cause of his death. This was a question of fact which could not have been withdrawn from the jury in the face of the evidence. There was testimony on the part of the plaintiff tending to prove that Robert Davies left defendants’ saloon on Friday night, October 25, 1889, very much intoxicated, in part, at least, the result of liquor furnished by them; that he was obliged to lean upon the arm of Frederick Turnbull, being unable to walk alone; that, when about half-way home, Davies fell and rolled into the gutter, becoming satura'ted with mud and water; that Turnbull, who was helping him home, was unable to get him out of the gutter, Davies being a large and heavy man, and went to seek help, leaving him lying in the water; that, when finally he was lifted out of the gutter and taken home, he was thoroughly chilled, and put to bed about midnight ; that he was taken with an attack of pneumonia, of which he died in a few days.
It is not easy, in a case of this kind, to trace with absolute certainty the death to its proximate cause. But the liquor was
Judgment affirmed.