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" It is not that, in any case, negligence can be assumed from the mere fact of an accident and an injury; but in these cases the surrounding circumstances which are necessarily brought into view by showing how the accident occurred contain, without further... "
Reports of Cases Determined in the Appellate Courts of Illinois - Side 141
av Illinois. Appellate Court, Martin L. Newell, Mason Harder Newell, Walter Clyde Jones, Keene Harwood Addington, Basil Jones, James Christopher Cahill, James Max Henderson, Ray Smith - 1908
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Reports of Civil and Criminal Cases Decided by the Court ..., Volum 4;Volum 102

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1901 - 704 sider
...to the conductor of an inflnnity wihich required extraordinary care on his part. "Negligence can not be assumed from the mere fact of an accident and an injury." (1 Shear. & Red. Neg., section 59, Wintuska v. L. & NRR Co., 20 SW, S19.) We are of opinion, therefore,...
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The Pacific Reporter, Volum 95

1908 - 1164 sider
...Appeals, which, among other things, quoted from Shearman & Redfield on Negligence, | 59, as follows: "It is not that In any case negligence can be assumed...surrounding circumstances which are necessarily brought iuto view by showing how the accident occurred contain, without further proof, sufficient evidence...
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The Northeastern Reporter, Volum 105

1914 - 1130 sider
...negligence is deduclble, not from the mere happening of the accident, but from the attendant circumstances. "It is not that, in any case, negligence can be assumed...proof, sufficient evidence of the defendant's duty and of his neglect to perform it The fact of the casualty and the attendant circumstances may themselves...
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The Southwestern Reporter, Volum 114

1909 - 1362 sider
...said: "It is not that In anjc case negligence can be assumed from the mere fact of the accident and injury, but in these cases the surrounding circumstances,...contain, without further proof, sufficient evidence of defendant's duty and his neglect to perform it. The fact of the casualty and the attendant circumstances...
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A Treatise on the Law of Negligence, Volum 1

Thomas Gaskell Shearman, Amasa Angell Redfield - 1888 - 720 sider
...negligence.— In many cases, the maxim " res ipsa loquitur " applies. The affair speaks for itself.2 It is not that, in any case, negligence can be assumed...proof, sufficient evidence of the defendant's duty and of his neglect to perform it. The fact of the casualty and the attendant circumstances may themselves...
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The New York Supplement, Volum 91

1905 - 1164 sider
...the defendant" The learned judge then quotes with approval from Shearman & Redfield on Negligence : "It is not that in any case negligence can be assumed...the mere fact of an accident and an injury ; but in those cases the surrounding circumstances which are necessarily brought into view by showing how the...
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Reports of Cases Heard and Determined in the Appellate Division ..., Volum 125

New York (State). Supreme Court. Appellate Division - 1908 - 1078 sider
...as to res ipsa loquitur, *4th ed.— [REP. App. Div.] Fourth Department, March, 1908. as follows : " It is not that, in any case, negligence can be assumed...proof, sufficient evidence of the defendant's duty, and of his neglect to perform it. The fact of the casualty and the attendant circumstances may themselves...
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Reports of Cases Heard and Determined in the Appellate Division of ..., Volum 66

New York (State). Supreme Court. Appellate Division - 1902 - 756 sider
...ipza loquitur, quotes approvingly section 59 of Shearman and Redfield on Negligence as follows : " It is not that, in any case, negligence can be assumed...brought into view by showing how the accident occurred THIRD DEPARTMENT, NOVEMBEH TERM, 1901. [Vol. 66. contain, without farther proof, sufficient evidence...
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The American and English Railroad Cases: A Collection of All Cases ...

1896 - 772 sider
...negligence can be assumed from the mere fact of the McCray e. Gnlvtston, H. & SAR Co. accident and of injury, but in these cases the surrounding circumstances,...proof, sufficient evidence of the defendant's duty and of his negligence to perform it. The fact of the casualty and the attendant circumstances may themselves...
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The Southwestern Reporter, Volum 21

1893 - 1282 sider
...not allowable to build one presumption on another, and thus make a cause of action. Krgligence cannot be assumed from the mere fact of an accident and an injury. 1 Shear. & R. Neg. (4th Ed.) § 59. It Is quite legitimate, when facts are admitted or proven, to draw...
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