McCAHILL V. NEW YORK TRANSPORTATION CO.
94 N.E. 616 (1911)
NATURE OF THE CASE: Transportation (D) appealed an affirmation of a judgment in
McCahill's (P) favor in P's action for wrongful death arising out of an accident wherein D's
taxicab struck the intestate.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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