
Res ipsa loquitur
Doctrine in Tort. 16 cases, with the principle each one established. By lanbuk.com.
- Barkway v South Wales Transport Co Ltd
Lanbuk on the Law of Torts · 1950
Principle established: The maxim does not apply where the cause of the accident is known.
- Byrne v Boadle
Lanbuk on the Law of Torts · 1863
Principle established: Barrels do not fall from windows without negligence; the thing speaks for itself.
- Easson v London and North Eastern Railway Co
Lanbuk on the Law of Torts · 1944
Principle established: Res ipsa loquitur requires the defendant's control of the thing causing harm.
- Ellor v Selfridge & Co Ltd
Lanbuk on the Law of Torts · 1930
Principle established: A vehicle under the driver's control that mounts the pavement raises an inference of negligence.
- Gee v Metropolitan Railway Co
Lanbuk on the Law of Torts · 1873
Principle established: Where the train had only just left the station, the door was still under the company's control.
- Jerimiah Tugbeh v Kalil A. Akar & Anor [1961] SLSC 27 (27 March 1961)
Sierra Leone — Supreme Court · 1961
Principle established: Res ipsa loquitur cannot apply without evidence that the vehicle was under the management of the defendant or their servant, and affidavits filed in interlocutory proceedings cannot be admitted contrary to court rules.
- Kessebeh v Coker (CIVIL CASE 108 of 1966) [1967] SLSC 1243 (3 June 1967)
Sierra Leone — Supreme Court · 1967
Principle established: When the maxim res ipsa loquitur is established, the burden of proof shifts to the defendant against whom the presumption of negligence is raised.
- Kessebeh v Coker, 1967-68 ALR S.L. 177
Sierra Leone — African Law Reports · 1967-68
Principle established: Where the doctrine of res ipsa loquitur applies, the burden of proof shifts to the defendant to disprove negligence.
- Mahon v Osborne
Lanbuk on the Law of Torts · 1939
Principle established: Leaving a swab inside a patient may raise an inference of negligence.
- Santigie Kamara v Thomas D. Bull (CC 55 of 1963) [1963] SLSC 33 (5 July 1963)
Sierra Leone — Supreme Court · 1963
Principle established: The doctrine of res ipsa loquitur applies to motor vehicle accidents where the vehicle leaves the road, shifting the burden to the defendant to prove reasonable care.
- Santigie Kamara v Thomas D. Bull (CIV APP 19 of 1963) [1963] SLCA 1246 (10 December 1963)
Sierra Leone — Court of Appeal · 1963
Principle established: The doctrine of res ipsa loquitur applies when a vehicle leaves the road, shifting the burden of proof to the defendant to affirmatively disprove negligence.
- Santigie Kamara v Thomas Daniel Bull (CC 55 of 1963) [1963] SLSC 4 (5 July 1963)
Sierra Leone — Supreme Court · 1963
Principle established: The doctrine of res ipsa loquitur applies to motor vehicle accidents where the vehicle leaves the road, shifting the burden to the defendant to prove reasonable care.
- Santigie Kamara v Thomas Daniel Bull (CIV APP 19 of 1963) [1963] SLCA 1220 (10 December 1963)
Sierra Leone — Court of Appeal · 1963
Principle established: The doctrine of res ipsa loquitur applies when a vehicle leaves the road, shifting the burden of proof to the defendant to affirmatively disprove negligence.
- Scott v London and St Katherine Docks Co
Lanbuk on the Law of Torts · 1865
Principle established: Erle CJ's statement of res ipsa loquitur: where the thing is under the defendant's management and the accident would not ordinarily happen with proper care, it is reasonable evidence of negligence.
- Sikkeh Mackie & Ors & Marilyn Birch & Ors (CIV APP 29 of 1962) [1963] SLCA 1228 (10 March 1963)
Sierra Leone — Court of Appeal · 1963
Principle established: The doctrine of res ipsa loquitur does not apply to a collision between two moving vehicles traveling in opposite directions.
- Sikkeh Mackie & Others v Marilyn Birch & Others (CIV APP 29 of 1962) [1963] SLCA 1257 (10 March 1963)
Sierra Leone — Court of Appeal · 1963
Principle established: The doctrine of res ipsa loquitur does not apply to a collision between two moving vehicles traveling in opposite directions.
