ROSKILL v. COOK (TROLLOPE & COLLS, LTD., THIRD PARTIES).

(1932) 43 Ll L Rep 511

KING'S BENCH DIVISION.

Before Mr. Justice du Parcq.

Negligence-Fire-Damage to plaintiff's house - Whether due to escape of fire from fireplace in adjoining house occupied by defendant-Building contractors, employed by defendant to replace grate in party wall, joined as third parties-Conflicting theories as to cause of fire-Whether fire originated in wood block in party wall ignited from defendant's fire or in some defect in the electric installation in plaintiff's house - Onus of proof - Held, that the onus of proof was on the plaintiff; that, although in a civil action a plaintiff was not required to prove his case beyond, all reasonable doubt, where, as here, the choice lay between possible though improbable theories, it was not sufficient for the plaintiff's case that his theory was a little less improbable than the defendant's; and that, as the plaintiff had not satisfactorily proved that the damage was due to the fire in defendant's grate or to any negligence of the third parties, the claim must be dismissed.