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" There must be reasonable evidence of negligence; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use... "
The New York Supplement - Side 648
1896
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Carriers' Law: Relating to Goods and Passenger Traffic on Railways, Canals ...

Edmund B. Ivatts - 1883 - 1168 sider
...reasonable evidence of negligence. But where the thing is shown to be under the management of the Defendant or his servants, and the accident is such as in the...reasonable evidence, in the absence of explanation by the Defendants, that the accident arose from want of care.' " Judgment against the Company. — Tried in...
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Albany Law Journal, Volum 26

1883 - 572 sider
...defendant or his servants, and the accident is such as, iu the ordinary course of things, does not happen if those who have the management use proper care,...defendant, that the accident arose from want of care. This case is cited, with approbation, in Transportation Co. v. Downer, 11 Wall. 129. In Mullen v. St....
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A Digest of the Reported Decisions of the Courts of Common Law ..., Volum 5

John Mews - 1884 - 1048 sider
...Ei. Ch. liut where the instrument or machinery is shewn to be under the management of theUefendant or his servants, and the accident is such as in the...defendant, that the accident arose from want of care. Ib. hi an action against a dock company for injury to the plaintiff by their alleged negligence, the...
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Federal Decisions: Cases Argued and Determined in the Supreme ..., Volum 5

1884 - 978 sider
...evidence of negligence ; but where the thing is shown to be under the management of the defendant or h is servants, and the accident is such as in the ordinary...defendant, that the accident arose from want of care." So in Curtis v. liochester & Syracuse R. Co., 18 XY, 543, the court of appeals of îiew York held that...
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The Pacific Reporter, Volum 133

1913 - 1236 sider
...thing itself speaks,1' is that, where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the...explanation by the defendant, that the accident arose from lack of proper care. [Ed. Note. — For other cases, see Negligence, Cent. DÍR. §§ 217-220, 224-228,...
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Albany Law Journal, Volum 29

1884 - 554 sider
...principle of human experience. " But wheu the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the...explanation by the defendant that the accident arose from a want of care." The case of Gee v. Metropolitan IÎ. Co., L. II., 8 QB 161, is very similar to that...
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Albany Law Journal, Volum 29

1884 - 552 sider
...principle of human experience. " But when the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the...explanation by the defendant that the accident arose from a want of care." The case of Oee V. Metropolitan R. Co., L. &., 8 QB 161, is very similar to that of...
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1884 - 746 sider
...negligence of himself or his servants. When a thing is shown to be under the management of the defendant or his servants, and the accident is such as in the...reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care. A clause in a bill of lading which provides...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volum 96

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1884 - 684 sider
...In one case it was said: " But where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the...reasonable evidence, in the absence of explanation by the defendants, that, the accident arose from the want of care." Scott v. London, dc., Co., 3 H. & C. (Exchequer)...
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A Selection of Legal Maxims: Classified and Illustrated

Herbert Broom, Herbert Francis Manisty, Charles Francis Cagney - 1884 - 1078 sider
...to the jury, on the ground that where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the...use proper care, it affords reasonable evidence, in the absence of explanatioii by the defendants, that the accident arose from want of care (r) ; similarly,...
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