Flynn v. Harlow
The Superior Court of New York City
Appeal from a judgment entered upon the dismissal of the complaint at trial term. The facts and points appear fully in the opinion of the court, and in the following opinion of the trial judge :—
1Opinion of the Court
“ McAdam, J.
There is no proof of defective con *295struction of the building, nor of any violation of law. There is no evidence of intentional overloading by the defendant. The act of overloading, if done at all, was done by Flynn, the deceased, and the other workmen, who, by their own indiscretion, brought upon themselves the trouble of which complaint is now made. They cannot charge the consequences upon the defendant. In order to hold him, it is necessary to prove affirmatively that the injuries were caused by the negligence of the defendant, and that deceased was entirely free from any fault…
2Cases cited24 opinions
- Marsh v. . ChickeringNew York Court of Appeals · 1886
- Pantzar v. . Tilly Foster Iron Mining Co.New York Court of Appeals · 1885
- Johnson v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1859
- Massoth v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1876
- Nichols v. . MichaelNew York Court of Appeals · 1861
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