Byrne v. Boadle

1863

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: