Torts I, Pages 251–252
Byrne v. Boadle
Court of Exchequer, 1863
Facts:
Plaintiff was walking in a public street past defendant's shop. A barrel of flour was dropped by defendant's servants from a window above the shop and injured plaintiff.
Procedural History:
The Assessor found there was no evidence of negligence for the jury and nonsuited the plaintiff.
Issue:
Whether defendant was liable for a barrel falling from his shop's warehouse
Reasoning:
It would be preposterous to require plaintiff to prove defendant was negligent as the evidence of the act shows defendant violated his duty.
Rule/Holding:
It is the duty of people keeping barrels in warehouses to keep them from rolling out. Failure to do so is negligence on the face.
Judgment:
Judgment for the plaintiff.