 | 1914 - 1246 pages
...burden on the defendant to show that it occurred without fault on his part As a general rule, where the thing which causes the injury is shown to be under...management of the defendant, and the accident is such as in the ordinary course of events would not happen if he had used proper care, it affords reasonable evidence,... | |
 | 1908 - 1354 pages
...it to show to the contrary. When a thing which causes Injury Is shown to be under the management oí defendant. and the accident Is such as in the ordinary...who have the management use proper care, It affords evidence in the absence of explanation of the defendant that the accident arose from want of care.... | |
 | 1909 - 1362 pages
...1424) says: "The rule known as 'res Ipsa loquitur' may be thus stated: When the thing which causes Injury is shown to be under the management of the defendant, and the accident Is such as In the ordinary courseof things does not happen if those who have the management use proper care, it affords... | |
 | 1913 - 1344 pages
...the doctrine of res ipsa loquitur, which is the rule that where the thing which causes the injury is under the 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 or control use proper... | |
 | 1891 - 1076 pages
...the carelessness of the defendant. It is undoubtedly true that where a thing that Cc'iuses injviry is shown to be under the management of the defendant, and the accident is one that in the ordinary course of events does not happen, it affords reasonable evidence that the... | |
 | Edwin Ames Jaggard - 1895 - 702 pages
...proof of some contract or undertaking, and damage, makes out a prima facie case; (b) Where the thing is shown to be under the management of the defendant,...if those who have the management use proper care; and There is logically applied to the law of negligence the ordinary rule governing the production... | |
 | 1897 - 830 pages
...that "there must be reasonable evidence of negligence ; but where the thing [meaning the thing causing the injury] 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... | |
 | William Benjamin Hale - 1896 - 700 pages
...proof of some contract or undertaking, and damage, makes out a prima facie case; (b) Where the thing is shown to be under the management of the defendant,...happen if those who have the management use proper care;191 and (c) Where this rule is changed by statute. The burden of proving negligence is on the... | |
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When a thing which causes the injury is shown to be under the 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,... 
