Summary of Combustion Engineering Co. (D) v. Hunsberger (P)
P/S: jury brought verdict for P and the trial court entered judgment upon it
F: P was a workman on a project; one of D’s workmen, working on a separate project, dropped a wedge and fell down the shaft onto P, causing injuries for which he sought to recover
I: Whether the injury sustained by P was sufficient to show D was negligent
H: For D, Combustion Engineering Co., “a particular fall cannot of itself and without more, afford proof of negligence"
Rule: The mere fall of a tool cannot be presumed to result from negligence because it cannot be supposed that such a thing is probably the result of negligence every time it occurs.
- There must be evidence from which the jury might reasonably and properly conclude that there was negligence