This is an extract of our Proof Of Negligence document, which we sell as part of our Irish Tort Law Notes collection written by the top tier of Trinity College Dublin students.
The following is a more accessble plain text extract of the PDF sample above, taken from our Irish Tort Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Proof of Negligence
Mahon v Dublin & Lucan Electric Railway (KB 1905) Facts
1. The deceased was found under the wheels of a train but no other evidence was adduced as to how the accident happened. IssueProof of Negligence - Balance of Probabilities
Judgment (Lord O'Brien LCJ)
? In light of the absence of evidence there is no grounds for a trial.
Byrne v Boadle (KB 1863) Facts
1. The plaintiff was walking down the street when a barrell fell out of building onto him. IssueProof of negligence - Res Ipsa Loquitur
? In this case the barrell falling on the plaintiff was prima facie evidence of negligence and thus the onus was put on the defendant to prove on the balance of probabilities that it wasn't.
Scott v London & St Katherine Docks (Ex 1865) Facts
1. The plaintiff was walking outside the defendants' warehouse when he was injured by 6 bags of sugar falling on him. IssueProof of negligence - Res Ipsa Loquitur
? Where something A) that is under the control of the defendant or his servants B) causes an injury C) through an action which, in ordinary circumstances does not occur when the defendant exercises proper care, then D) in the absence of an explanation from the defendants it affords reasonable evidence that the injury arose from their negligence and thus there is a case to go to a jury.
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