Mr. Byrne was an inspector of premises. He was walking past Boadle’s shop and suddenly a barrel of flour hit him in the head. Byrne sued for negligence.
Bryne gets nonsuited (dismissed) for failing to make a prima facie case for negligence, but the court indicates that if the Court of Exchequer will buy the plaintiff’s case, the plaintiff can get £50.
In some cases the courts have held that the mere facts of the accident having occurred is evidence of negligence, as, for instance, in the case of railway collisions. If an article, calculated to cause damage is put in the wrong place and does mischief, I think that those whose duty it was to put it in the right place are prima facie responsible, and if there is any state of facts to rebut the presumption of negligence they must prove them."
