Is a barrel of beer dropping from the upstairs of a warehouse on a pedestrian walking down the street below?
Nova Scotia, Canada
The following excerpt is from Munroe v. McCarron, 1999 NSCA 123 (CanLII):
Counsel for the appellants suggests that this case is analogous to a barrel of beer dropping from the upstairs of a warehouse on a pedestrian walking the street below, invoking memories of the fact situation in Byrne v. Boadle [1863] 2 H. & C. 722. In the statement of claim, the appellants "specifically plead and rely upon the doctrine res ipsa loquitur".
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances will a court order solicitor/client costs where a lawsuit against two parties and an application to wind up a company are dropped before trial? (Nova Scotia, Canada)
Can a municipal bylaw prohibit an assembly, parades or gathering in the public domain such as parks and streets? (Nova Scotia, Canada)
What is the law upon which Justice Street relied? (Nova Scotia, Canada)
Does a plaintiff who is intoxicated and walking on the wrong side of the road get 100% responsibility for the resulting accident? (Nova Scotia, Canada)
What is the test for a primary care parent in a post-divorce relationship? (Nova Scotia, Canada)
What is the proper legal test for consideration of section 714.1? (Nova Scotia, Canada)
What are the obligations of a step-parent to the child of a child born into the marriage? (Nova Scotia, Canada)
What is the test for obtaining a prescriptive easement to prevent the owner of a servient property from using the servient's land? (Nova Scotia, Canada)
What are the consequences of a contract that is unenforceable? (Nova Scotia, Canada)
Can a bankrupt be held responsible for a shortfall of over 50%? (Nova Scotia, Canada)
