Robinson v. Pioche, Bayerque & Co. – Case Brief
Robinson v. Pioche, Bayerque & Co., 5 Cal. 460 (1855).
Case Summary
Facts: Robinson (P) was intoxicated when he fell into a manhole that Pioche et al. (D) had left open. Robinson sued for damages and the Superior Court ruled in favor of D on the basis that P had been drunk and acting with negligence. P appealed.
Issue: Is the city liable if an intoxicated person is injured by falling into an open manhole?
Holding and Rule: Yes. Gross negligence by a city is not excused merely because a person may not be using the standard of care of a reasonable person. Leaving a manhole open on a public street constitutes gross negligence. A drunken man is as much entitled to a safe street as a sober one, and much more in need of it.
Disposition: Reversed and remanded – for P.