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Torts Keyed to Franklin
Byrne v. Boadle
Citation:
Court of Exchequer, 1863. 2 H. & C. 722. 159 Eng. Rep. 299.Facts
The plaintiff, Mr. Byrne, was walking along the street when a barrel of flour fell on his head and knocked him out, resulting in injury. The defendant(Mr. Boadle) is the owner of this flour shop which the barrel of flour fell from its window. While at trial, the plaintiff had two witnesses attest to seeing the barrel fall from the window and struck the plaintiff. Both witnesses could not say how but were sure it was the defendant’s shop. The final witness was a surgeon who testified to the plaintiff’s injuries. The lower court ruled in favor of the defendant, finding no proof of negligence—the plaintiff appeals.
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