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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.

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