IX.A. "The Thing Speaks for Itself" - The Basic Rule of Res Ipsa Loquitur | Jonathan Zittrain | December 21, 2012


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IX.A. "The Thing Speaks for Itself" - The Basic Rule of Res Ipsa Loquitur

by Jonathan Zittrain Show/Hide
  1. 1 Show/Hide More Byrne v. Boadle--"The Falling Flour Barrel"
    Original Creator: Jonathan Zittrain
    Should courts be willing to presume negligence in situations where the plaintiff's injury implies negligence has occurred?
    A barrel of flour rolls from the window of defendant’s shop and flattens the plaintiff, who was on the sidewalk below. Defendant admitted he was a dealer in flour. However, none of the witnesses saw anyone nearby who could have been responsible for the falling barrel. Neither was the plaintiff able to produce any evidence to support a claim of negligence.

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