 | Great Britain. Privy Council. Judicial Committee, Edmund F. Moore - 1864 - 596 pages
...adduce reasonable evidence of negligence to warrant the Judge in leaving the case to the jury. But that where the thing is shown to be under the management...reasonable evidence, in the absence of explanation by the («) 3 H. 4 C. 596. Defendant, that the accident arose from want of care." Now, that was a case in... | |
 | 1890 - 542 pages
...explanations, is of itself evidence of negligence. It is urged that where the instrument or machinery is shown to be under the management of the defendant...reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care. But instances are not (infrequent of steam-boiler... | |
 | 1881 - 572 pages
...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 care, it affords reasonable evidence, iu the absence of explanation by the defendants, that the accident arose from want of care, " — was... | |
 | 1871 - 874 pages
...warehouse by the defendant, and the court said, " There must be reasonable evidence of negligence ; tut where the thing is shown to be under the management...reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care." So in Ourtis v. The Rochester and Syracuse Railroad... | |
 | Victoria. Supreme Court - 1871 - 380 pages
...under the management of the defendant, the accident is such aa in the ordinary course does not happen if ^those who have the management use proper care, it affords reasonable evidence, in the absence of explanation, that the accident arose from want of care. Seoll v. London Dock Company,... | |
 | New York (State). Court of Appeals, Hiram Edward Sickels - 1872 - 788 pages
...management of the defendant, and the accident is such as, in the ordinary course of things, does not happen, if those who have the management use proper care, it affords reasonable evidence that the accident arose from want of care. (Scott v. Lond. Dock Co., 3 Hurlst. & Colt., 596.) It is... | |
 | Ohio. Supreme Court - 1906 - 660 pages
...and the acciOpinion of the Court. dent 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 defendant, that the accident arose from want of care." In Richmond Ry., etc., Co. v. Hudgins, 100 Va.,... | |
 | Francis Wharton - 1874 - 960 pages
...from a crane in which they were lowered to the ground from a warehouse by the defendant, and the court said, ' There must be reasonable evidence of negligence...reasonable evidence, in the absence of explanation by the defendBOOK I.] PROVINCES OF COURT AND JURY. [§ 423. § 423. Contributory negligence, — burden on... | |
 | 1917 - 510 pages
...management of the defendant, and 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 defendant, that the accident arose from want of care."8 If a passenger in the train of a common carrier... | |
 | Isaac Edwards - 1878 - 738 pages
...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 evidence, in tho absence of explanation by tho defendant, that the accident arose from the want of proper care."3... | |
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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... 
