Brief Fact Summary. Plaintiff was struck in the head by a barrel of flour while passing in front of Defendant’s flour store. Plaintiff sued Defendant for negligence.
Synopsis of Rule of Law. It is possible for a presumption of negligence to arise solely from the type of accident that has occurred.
Facts. Plaintiff, a pedestrian was passing along the highway in front of a flour store when Plaintiff was struck and badly injured by a barrel of flour, which was being lowered from a window above. Defendant argued that there was insufficient evidence of negligence for the jury after the jury awarded Plaintiff