Joyce v. Black

Citations

• 226 Pa. 408
• 75 A. 602
• 1910 Pa. LEXIS 784

Syllabus

<p>Negligence — Fall of ornamental bracket on sidewalk — Presumption— Evidence — Res ipsa loquitur.</p> <p>1. In a suit against the owner of a building by a person injured by the fall of an ornamental bracket from the front of the building, the mere fact of the fall of the bracket does not raise the presumption of negligence and the rule res ipsa loquitur does not apply.</p> <p>2. In such a case it is error not to permit the plaintiff to lay a foundation for affirmative proof of negligence by the testimony of witnesses who examined the building five months after the accident, as to the manner in which the bracket had been fastened, where it has been shown that the conditions at the place where the bracket had been fastened remained the same during the five months.</p>