Combustion Engineering Co. v. Hunsberger Case Brief

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.

R:

  • There must be evidence from which the jury might reasonably and properly conclude that there was negligence




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