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#breach #negligence #tort
It is essential to show that the cause of the accident was in the control of the defendant or his servants. If there is the possibility of outside interference then the maxim cannot be used. Contrast the case of Gee v Metropolitan Railway (1873) LR 8 QB 161, where the maxim applied to the unexplained opening of an underground train door, with the case of Easson v London and NE Railway Co [1944] KB 421, where it failed in respect of a main line train door.
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