Mulligan v. Crimmins

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

• Court: New York Supreme Court
• Decided: February 12, 1894
• Status: Published

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.