Ahern v. McGeary
Before: Thornton
Synopsis
Employer and Employee — Independent Contractor — Action for Negligence — Nonsuit as to Employer. — In an action against an independent contractor and his employer to recover damages for personal injuries caused by the negligence of the contractor, the granting of a nonsuit as to the employer, although erroneous, does not concern the contractor, and cannot be urged by him as error.
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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