Ahern v. McGeary
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. Adam and Kibbe, the owners of a building in the city and county of San Francisco, employed the'defendant McGeary to take down a flag-pole on the top of the building. While engaged in the work of removal, through the negligence of McGeary and his servants, the flag-pole fell to the street and killed John Ahern, the plaintiff’s intestate.
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Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. Adam and Kibbe, the owners of a building in the city and county of San Francisco, employed the'defendant McGeary to take down a flag-pole on the top of the building. While engaged in the work of removal, through the negligence of McGeary and his servants, the flag-pole fell to the street and killed John Ahern, the plaintiff’s intestate. The action was brought against Adam and Kibbe and McGeary, to recover damages for the negligent killing. On the trial, a nonsuit was…
1Opinion of the CourtThornton, J.
The nonsuit was properly refused as to McGeary. The evidence shows clearly that he was an independent contractor to take down the flag-pole or staff; that it was carelessly taken down, in consequence of which it fell on John Ahern, who was on the street, and killed him.
The appellant McGeary has no concern with the nonsuit which was granted as to the defendants Adam and Kibbe, and cannot urge such ruling as error. If there was any error at all in this ruling, it did not affect him.
We find no error in the record.
Judgment and order affirmed.
McFarland, J., and Sharpstein, J., concurred.
Hearing in…
2Cited by2 opinions
- Flickenger v. Industrial Accident CommissionCalifornia Supreme Court · 1919
- Hedge v. WilliamsCalifornia Supreme Court · 1901