Goodrich

In anaction to recover damages for personal injuries the jury brought in a verdict in favor of the plaintiff. From the judgment entered thereon the defendant has appealed.

On the evening of October 24, 1931, Mr. and Mrs. Dunham arranged a party in honor of the wedding anniversary of Mr. and Mrs. Washen. Mrs. Dunham invited Miss Rogers, the plaintiff, who in turn invited Mr.. McSweeney as her escort. Between 8 and 9 on that evening the party gathered at the Dunham home. There each of them had three highballs of gin and ginger ale. About 10 o’clock they left the Dunham home and went to a resort called the Alabam. After arriving there Mr. Dunham produced a pint of gin and each had a drink. At 11 o’clock dinner was served. After dinner there was dancing until 1 o’clock. At that time the house closed and the members of the party returned to their respective automobiles. They drove to different places but no further drinking was done during the night and prior to the accident. At about half-past three Mr. McSweeney was driving south on Dutton Avenue. The plaintiff was riding with him as his guest. As Mr. McSweeney approached Bast 14th Street the defendant Howard L. Goodrich was driving…