196 PROOF OF NEGLIGENCE. 



whip, and the animal SAverved round, and kicked and injured 

 the plaintiff. It was proved a customary thing for a man 

 to be stationed with a whip at the particular point where 

 the servant was ; but there was no evidence as to the kind 

 of blow given, nor the character of the horse, nor how it was 

 being led, nor that protecting barriers were customary in 

 public horse sale-yards. It was held there was no evidence 

 of negligence to go to a jury.(a) 



There are certain cases where the mere occurrence of an 

 event is j^Wma /ac^e evidence of fault — e.g., where a public 

 vehicle breaks down.(6) In such cases, res ipsa loquitur ; 

 the onus is shifted ; and the defender has to show that he 

 was free from blame ; and if a defender can prove that the 

 injury was not preventable by any care or skill, he will not 

 be liable, (c) 



(a) Ahhot V. Frectruin, 1876, 35 L.T., N.S. 783. 



(6) Lyon v. Lamb, 1838, 16 S. 1188 ; see also Byrne v. Boadle, 1863,f33_L.J^, 

 Ex. 13 ; Kearney v. L. B. & S. C. Ry. Co., 1871, L.E. 6 Q.B.«759 ; dfacaulay 

 V. Buist, 1846, 9 D. 245. 



(c) Christie v. Griggs, 1809, 2 Camp. 79. 



