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