What is the test for negligence in the construction or repairing of a house or building?
Saskatchewan, Canada
The following excerpt is from Mock v. Regina Trading Co. Ltd., 1921 CanLII 179 (SK QB):
This is a case where the principle res ipsa loquitur applies. See Byrne v. Boadle, 2 H. & C. 722, 33 L. J. Ex, 13, at p. 16: So, in the construction or repairing of a house or building, or in putting chimney-pots on the roof of it, if a passenger passing along the road is damaged by something coming down which, according to the ordinary course of doing such work ought not to come down, into the street, I think the accident alone would be sufficient evidence of negligence.
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