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Ahern v. McGeary

California Supreme Court · No. 11669 · 1889-04-24 · Published · 79 Cal. 44 · 21 P. 540 · 1889 Cal. LEXIS 665

CATHERINE AHERN, Administratrix etc. of John Ahern v. JOHN McGEARY JOHN McGEARY

Area
civil
Panel
James D. Thornton (author)

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion — Thornton

Thornton, 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 Bank denied.

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