O'Loughlin v Kearney

Judgment Date01 January 1939
Date01 January 1939
CourtCircuit Court
(Cir. Ct.),

Motor-car and trailer - Trailer becoming detached and mounting footpath - Injury to pedestrian - Proof of negligence -Res ipsa loquitur.

In an action of negligence for injuries caused to the plaintiff through a trailer, which was coupled to the defendant's motor-car becoming detached, it was established by the defendant that there was no defect in the coupling, that the trailer had been properly attached to the car, and that the cause of the accident was unknown. Held, that the onus of proof of negligence on the part of the defendant had not been discharged by the plaintiff, and...

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