(Solution Download) The plaintiff s intestate who had been drinking was crossing B


The plaintiff?s intestate, who had been drinking, was crossing Broadway when he was negligently struck by one of defendant?s cabs. As a result of the accident, the plaintiff?s intestate was thrown about twenty feet, his thigh was broken, and his knee injured. He immediately became unconscious and was rushed to a hospital, where he died of delirium tremens (a disease characterized by violent shaking, often induced by excessive alcohol consumption). Defendant argued that the deceased?s alcoholism might have caused delirium tremens and death at a later date, even if defendant had not injured him. What is the main issue presented here?
Who should prevail and why?

 







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