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Combustion
Engineering Co. (D) v. Hunsberger (P)
Author: Richard
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.
R:
- There
must be evidence from which the jury might reasonably and
properly conclude that there was negligence
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