Mulligan v. Crimmins

27 N.Y.S. 819, 75 Hun 578, 82 N.Y. Sup. Ct. 578, 58 N.Y. St. Rep. 737

Opinion

PRATT, J.

There are cases where the accident raises the presumption of negligence, but we do not think the present such a one. We are not able to say that a spicula would not be dislodged from a chisel by the blow of a heavy sledge when the chisel was in good order. There was no proof that the condition of the chisel, before the blow was struck, was a dangerous one; still less, that a reasonable examination would have disclosed danger. We are therefore of opinion that plaintiff failed to prove negligence on the part of defendant. Judgment for defendant.