Fitzpatrick v. Penfield

Citations

• 267 Pa. 564
• 109 A. 653
• 1920 Pa. LEXIS 912

Syllabus

<p>Negligence- — -Wall standing after fire — Nondelegable duty of owner — Evidence — Burden- of proof — Presumption — Degree of proof — Causal connection — Maxims—Res ipsa loquitur — Sic utere iuo.</p> <p>1. To recover damages for injuries caused by the falling of a wall, left standing after a fire, the burden of proof to show negligence by defendant is on plaintiff — who, in this case, is the mother of a child that trespassed on the adjoining property of a third person, and was killed by the wall being blown over on it.</p> <p>2. The mere falling of a wall raises no presumption of negligence. The rule of res ipsa loquitur, or of absolute control, does not apply to such case in the courts of Pennsylvania, although the rule is different in other states.</p> <p>3. The maxim of res ipsa loquitur applies chiefly to the series of accidents where the rights of the parties injured are closely allied to the rights of the public generally, and the information or means of information as to the occurrence itself is, or was, wholly within the control of the injuring parties.</p> <p>4. The doctrine of res ipsa loquitur, or of absolute control, as established in this State, is that the evidence of negligence appears when the detailed explanation of the circumstances immediately preceding the accident, the description of the injuring appliance and the testimony from experience show that the thing which happened would not have happened had the injuring appliance or thing been securely in place or properly eared for. The happening of the accident affords a presumption of want of due care.</p> <p>5. Under this doctrine, the causal connection is supplied, as is done in many other cases, by affirmative proof that the accident would not have happened had the thing been reasonably cared for, the degree of proof required being slight because of the duty imposed and the care required.</p> <p>6. The owner of a wall left standing after a fire is charged with the nondelegable duty to use ordi