Facts
A bus tyre burst and the bus went over an embankment, killing a passenger.
Issue
Did apply when the cause was known?
Held
No, because the cause (a defective tyre) was known, but was proved on the facts (the company had no system for drivers to report tyre damage).
Principle
The maxim does not apply where the cause of the accident is known.
Why it matters
Shows the 'absence of explanation' requirement.
Cited in these chapters
Cite this page
Barkway v South Wales Transport Co Ltd [1950] 1 All ER 392 (Lanbuk) <https://www.lanbuk.com/llb/torts/cases/barkway-v-south-wales-transport> accessed 31 October 2026
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This summary is a Lanbuk study aid based on the generally known facts and reports of the case. It is not legal advice.