면책조항: 이것은 법률 자문이 아닙니다. 법률과 판례는 변경됩니다. 귀하의 특정 상황에 대해 항상 자격을 갖춘 변호사와 상담하십시오.

모든 판례
Tort Law
Court of Exchequer
1865

Scott v London and St Katherine Docks Co

(1865) 3 H & C 596

판결 이유

Where an accident occurs that would not ordinarily happen without negligence, and the instrumentality causing the accident was under the defendant's control, the court may infer negligence (res ipsa loquitur). The burden then shifts to the defendant to provide a reasonable explanation.

사실관계

The plaintiff, a customs officer, was passing the defendants' warehouse when six bags of sugar fell on him from a crane above. He could not prove exactly how the accident happened.

판결 요약

Erle CJ held that in the absence of explanation by the defendants, the accident was such as in the ordinary course of things does not happen if proper care is used. The maxim res ipsa loquitur ('the thing speaks for itself') was applicable, raising a presumption of negligence.

주요 인용문

"There must be reasonable evidence of negligence. But where the thing is shown to be under the management of the defendant, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care."

Erle CJ

후속 처리

Good law

Origin of res ipsa loquitur in English law. Clarified by the House of Lords in Lloyde v West Midlands Gas Board [1971].