This section contains the nature of the case and procedural background.

Byrne (P) was walking on a public street past Boadle's (D) flour shop, and a barrel of flour fell upon him from a window above the shop, knocked him down, and seriously injured him. There was no other evidence of negligence. A witness saw the accident and did not recollect seeing a barrel being lowered by rope as the witness did not notice or see the barrel until it struck P. P did not present any evidence that D or any of its employees were negligent. P felt no blow and saw no warning of any type of danger. Another witness testified he saw a barrel falling from D’s but had no idea of how it managed to get loose. A surgeon also described the extent of P’s injuries. It was not disputed that D was a dealer in flour. D submitted that there was no evidence of negligence and moved for a nonsuit. The trial court ruled under a nonsuit and P obtained a rule nisi.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.