 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...  Albany Law Journal - Page 1171883Full view - About this book
 | 1869 - 1032 pages
...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." But that case also differs from die present... | |
 | Great Britain. Privy Council. Judicial Committee, Edmund F. Moore - 1864 - 596 pages
...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 proper care,...reasonable evidence, in the absence of explanation by the Defendants, that the accident arose from want of care," which rule, we submit, is applicable to the... | |
 | North Carolina. Supreme Court - 1905 - 922 pages
...things, does not happen if those who have the management use the proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care." The limitations governing the application of the rule are thus stated by Wigmore. (Sec. 2509). "(1)... | |
 | 1890 - 542 pages
...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 proper care,...defendant, that the accident arose from want of care. But instances are not (infrequent of steam-boiler explosions where there has been no want of ordinary... | |
 | 1881 - 572 pages
...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...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... | |
 | 1881 - 572 pages
...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,...reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care, " — was applied to a bale of goods slung from... | |
 | 1871 - 874 pages
...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 proper care,...defendant, that the accident arose from want of care." So in Ourtis v. The Rochester and Syracuse Railroad Company, 18 NY 543, the Court of Appeals of New... | |
 | 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... | |
 | 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,...the defendant, that the accident arose from want of care."8 If a passenger in the train of a common carrier is injured by the derailment of the train,... | |
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