 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 6481896Uten tilgangsbegrensning - Om denne boken
 | Illinois. Appellate Court, James Bolesworth Bradwell - 1892 - 732 sider
...based upon reasoning like this : Where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the...defendant, that the accident arose from want of care. For authorities as to the application of the rule, Sec. 2, Thomp. on Neg. 1227, etseq. If that rnle... | |
 | Frederick Pollock - 1892 - 802 sider
...Common course of affairs judicially noticed. such as in the ordinary course of things does not happen if those who have the management use proper care,...reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care." Therefore if I am lawfully and as of right... | |
 | Frank Sumner Rice - 1892 - 832 sider
...defendant or his servants, and the casualty is such as in the ordinary course of tilings does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation, that the casualty arose from want of care. Scott v. London tfe St. K. Docks... | |
 | Francis Montagu Preston - 1892 - 338 sider
...in the ordinary course of things does not happen to those who have the management of machinery, and use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care." 2 This principle has in several cases been... | |
 | Missouri. Courts of Appeals - 1893 - 800 sider
...carrier or his servants, and the accident is such as under an ordinary course of things does not happen, if those who have the management use proper care,...the defendant, that the accident arose from want of proper care. Dougherty v. Railroad, 9 Mo. App. 478; sc, affirmed, 81 Mo. 325, 329, and cases cited.... | |
 | 1893 - 1172 sider
...to this class of accidents Is, where the thing Is shown to be under the management of the defendant or his servants, and the accident Is such as, In the...happen If those who have the management use proper pare, It affords reasonable evidence. In the absence of explanation by the defendant, that the accident... | |
 | Albert Parsons - 1893 - 244 sider
...Company, 6 Times LR 192 (1890). the accident is such as, in the ordinary course of things, does not happen if those who have the management use proper care,...reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care." When it is doubtful whether the nature of the... | |
 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1894 - 694 sider
...the jury. "But when the cause of the accident is shown to be under the management of the defendant or his servants, and the accident is such as in the...management use proper care, it affords reasonable evidence for the jury in the absence of explanation by the defendant, that the accident arose from want of proper... | |
 | 1974 - 584 sider
...Rep. 665, 667 (Ex. 1865): But where the thing is shewn 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. 17. See eg, Mack v. Reading Co., 377 Pa. 135,... | |
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