Barnowsky v. Helson

In this case the falling of the roof was in and of itself some evidence that the work of raising it was not being done with the ordinary care and skill. It *525is true that the mere fact of an injury does not impute negligence on the part of any one, but, where a thing happens which would not ordinarily have occurred if due care had been used, the fact of such happening raises a presumption of negligence in some one. For instance, if the wall of a building falls down, and injures a person, walking along the street or standing beside the building, the clear presumption is that the building was…