Kraljer v. Snare & Triest Co.

Citations

• 221 F. 255
• 137 C.C.A. 108
• 1915 U.S. App. LEXIS 1325

Syllabus

<p>•1. Bridges <@=>46—Torts—Deeective Bridge—Res Ipsa Loquitur.</p> <p>On a libel for injuries to a deck baud on a tugboat, caused by a rivet falling from a bridge as the tug passed under it, where it appeared that the city’s employes had been removing old rivets and replacing them with new ones, the doctrine of res ipsa loquitur applies, so that the burden of explaining the cause of the accident rested with the city, although the burden of proof still remained with the libelant.</p> <p>[Ed. Note.—For other cases, see Bridges, Cent. Dig. §§ 108, 110-122; Dec. Dig. <@=>46.]</p> <p>2. Municipal Corporations <@=>753—Torts—Dei-ective Bridge—Res Ipsa Loquitur.</p> <p>Evidence that the city had adopted ample precautions to avoid such accidents, but that its employés frequently departed from the system in such a manner as to render the falling of rivets probable, is not a sufficient explanation to relieve the city from liability.</p> <p>LEd. Note.—For other cases, see Municipal Corporations, Cent. Dig. §§ 1584, 1586; Dec. Dig. <@=>753.]</p> <p><g=»For other cases see samo topic & KJEY-NUMBEK in all Key-Numbered Digests & Indexes-</p>