Friday, March 23, 2012

BYRNE V. BOADLE case brief


• 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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