Mccahill v. New York Transportation Co.

94 N.E. 616 (1911)

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Nature of the Case

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Facts

One of D's taxicabs struck P in the night time. P was thrown about twenty feet, his thigh broken and his knee injured. He immediately became unconscious and taken to the hospital. P died on the second day thereafter of delirium tremens. When admitted to the hospital, P rapidly developed delirium tremens. A doctor testified that the injury precipitated his attack of delirium tremens. P was an alcoholic and while D did injure P, D claimed it was not responsible for the death as P was an alcoholic.