Venue: |
Court of the Exchequer
|
|
Facts: |
A barrel of flour falls out of Boadle's window onto Byrne. Owie. He
remembers nothing. Some witnesses sort of corroborate. |
|
Posture: |
Finding for the plaintiff at trial, Boadle appeals. |
|
Issue: |
How can we find for the plaintiff, if there's no evidence? |
|
Holding: |
Well, we do. Sometimes the presumption of negligence can arise
from the mere fact of an accident. |
|
Rule: |
We coin the phrase res ipsa loquitur. |
|
Reasoning: |
People who own barrels have a duty not to let them fall. If
it falls, you probably failed that duty. |
|
Dicta: |
|
|