## Facts

- Defendants arranged for a hole to be dug in a public sidewalk in front of their premises in San Francisco.
- The excavation was left open, uncovered, and unguarded.
- Plaintiff, walking along the street at night, fell into the hole and was injured.
- Plaintiff was intoxicated at the time of the fall.
- Plaintiff sued, alleging defendants negligently created and maintained a dangerous obstruction in a public walkway.
- Defendants relied on plaintiff’s intoxication as contributory negligence.

## Issues

1. Whether a plaintiff’s intoxication, as contributory negligence, bars recovery for injuries caused by defendants’ gross negligence in leaving an unguarded excavation in a public sidewalk.

## Decision

- The Supreme Court of California reversed the defense judgment and remanded.
- The court held defendants’ conduct in leaving an uncovered, unguarded hole in a public sidewalk constituted gross negligence.
- The court held plaintiff’s intoxication did not excuse defendants’ gross negligence and did not bar recovery as a matter of law.
- The court stated that an intoxicated pedestrian remains entitled to reasonably safe public streets.

## Legal Principles

- Those who create or maintain excavations or obstructions in public streets and sidewalks must take reasonable precautions to protect lawful travelers from harm.
- A pedestrian’s intoxication does not forfeit the right to safe public ways; intoxicated persons are within the class of foreseeable street users.
- Where a defendant’s conduct is characterized as gross negligence in creating a serious public hazard, contributory negligence based solely on the plaintiff’s intoxication does not automatically defeat the claim.

## Conclusion

The court held that leaving an open, unguarded excavation in a public sidewalk is gross negligence and that a plaintiff’s intoxication does not, by itself, bar recovery for injuries caused by such misconduct, requiring reversal and remand for further proceedings.


Robinson v. Pioche, Bayerque & Co., 5 Cal. 460 (Cal. 1855)