P was walking pas the D's shop and a barrel of flour fell on him from a window above the shop.
There was no evidence to connect the D or his servants with the accident.
Procedural History:
Trial court found for D.
Court of Exchequer reversed, found for P.
Issues:
Can res ipsa locquitur be used to prove negligence?
Holding/Rule:
Res ipsa locquitur can be used to prove negligence if the instrument is within the exclusive control of the D and the accident would not happen if the D had used ordinary care.
Reasoning:
It is the duty of persons who keep barrels in warehouses to take care that they do not roll out.
The barrel was in the custody of the D and D was responsible for the acts of his servants who had control over it.
If there are any facts inconsistent with negligence, it is up to the D to prove them.
