RES IPSA LOQUITOR

Question 1

Byrne v. Boadle (flour barrel case)

Answer 1

Plaintiff was injured by a barrel of flour falling out a window–Court held negligence can be assumed from the mere act of the barrel falling out of the window so the burden shifts to the defendant (the thing speaks for itself)

Question 2

Shull v. B.F. Goodrich Co. (dock plate case)

Answer 2

Plaintiff was injured when a dock-plate struck him at work–Court used res ipsa loquitor because the instrument was under defendant’s control and does not ordinarily happen, so negligence can be assumed

Question 3

Dover Elevator Co. v. Swann (elevator case)

Answer 3

Plaintiff was injured when boarding an elevator that didn’t level properly–no res ipsa loquitor because plaintiff supplied direct evidence of negligence from expert witnesses, so doctrine was no necessary