The Extent of Res Ipsa Loquitur

Abstract

THE decision of the Court of Appeal in Walsh v. Hoist & Co., Ltd.,1 raises many uncertainties about the working of the rule of res ipsa loquitur. The facts of the case were that the plaintiff was lawfully upon the highway when he was struck by a brick. The brick came from a building to which certain substantial structural alterations were being made. It was accepted by all members of the court that a prima facie case of negligence arose against both occupier and contractor because res ipsa loquitur.