Friday, March 23, 2012
BYRNE V. BOADLE case brief
BYRNE V. BOADLE
• P walking along the road; barrel of flour falls from the sky and hits P on the head
• P unconscious
• witness sees cart with barrels of flour in it; flour shop located around the corner
• as the case unfolds, Judge Pollack exclaims “res ipsa loquitor” (the thing speaks for itself)
• barrels of flour don’t fall from the sky and conk someone on the head unless someone at the flour shop was negligent
• impossible for P to tell a story
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