The court said 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... A Treatise on the Law of Railroads - Page 1066by Horace Gay Wood - 1885 - 1953 pagesFull view - About this book
| 1869 - 1040 pages
...conclusion : that there must be reasonable evidence of negligence ; that where the thing is solely under the management of the defendant or his servants, and the accident is such as, in the ordinary course of things, does not happen to those who have the management of machinery and use... | |
| 1866 - 1074 pages
...(affirming the decision of the Court of Exchequer), that where tlie thing which causes the accident is shewn to be under the management of the defendant or his servants, and the accident is such as would not happen in the ordinary course of management, the accident itself, if unexplained, is reasonable... | |
| Isaac Fletcher Redfield - 1867 - 930 pages
...was here declared by the Exchequer Chamber, that where the thing which causes the accident is known to be under the management of the defendant or his servants, and the accident is such as would not happen in the ordinary course of management, the accident itself, if unexplained, is reasonable... | |
| Isaac Fletcher Redfield - 1867 - 944 pages
...was here declared by the Exchequer Chamber, that where the thing which causes the accident is known to be under the management of the defendant or his servants, and the accident is *uch as would not happen in the ordinary course of management, the accident itself, if unexplained,... | |
| North Carolina. Supreme Court - 1905 - 922 pages
...London Dock Co., 3 H. & C. (Com. LRUS, 134,) said: "There must be some evidence of negligence, but when the thing is shown to be under the management of the...defendant or his servants and the accident is such that, as in the ordinary course of things, does not happen if those who have the management use the... | |
| 1881 - 572 pages
...insufficient tackle. The passage in tho judgment iu Scott v. London Dock Co., 3 H. & C. 59G; 34 LJ (Ex.) 220, "There must be reasonable evidence of negligence....defendant or his servants, and the accident is such us in the ordinary course of things does not happen if those who have the management use proper care,... | |
| 1881 - 572 pages
...LJ (Ex.) ZX>, "There must be reasonable evidence of negligence. But where the thing is shown to bo under the management of the defendant or his servants, and the accident is such из iu the ordinary course of things does not bap)>eii if those who have the management use proper... | |
| Francis Wharton - 1874 - 960 pages
...class of cases rests upon the plaintiff was fully recognized, but the rule was laid down thus : ' If 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 does not happen if those who have the management use proper care, it affords reasonable... | |
| Isaac Edwards - 1878 - 738 pages
...nature of tho accident, or from the conduct and relation of the parties, when the loss occurred.2 " If a thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course docs not happen if those who have the management use proper care, it affords reasonable... | |
| Sir Arthur Underhill - 1878 - 368 pages
...Wlnte, 11 CB, NS 588; Toomey v. L. $ BR Co., 3 CB, NS 146). Exception. Where, however, a thing is solely under the management of the defendant or his servants, and the accident is such as, in the ordinary course of events, does not happen to those having the management of such things, and use... | |
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