 | 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) The... | |
 | 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
...defendant or his servant, and the accidents 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." Now, that was a case in which the negligence proved was that the plaintiff, who was an officer of the... | |
 | 1917 - 510 pages
...ipsa loquitur does not apply with the same fullness and weight In is this: "When a thing which causes injury is shown to be under the management of the...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,... | |
 | Francis Wharton - 1874 - 960 pages
...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,...explanation by the defendant, that the accident arose from the want of proper care.' The burden of proof on the issue of negligence is not changed by this rule.... | |
 | 1918 - 2060 pages
...quoted with approval by the court, as it appears in Shearman & Redfield on Negligence (5th Ed.) § 59 : "Proof of an Injury, occurring as the proximate...that the accident arose from want of care." • The plaintiffs' statement sufficiently states a cause of action, and defendant's motion is therefore denied.... | |
 | Edmond Robert Turner - 1882 - 210 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." The learned judge said that under the old law there would have been a good defence to the action, but this... | |
 | New York (State). Superior Court (New York), James Clark Spencer, Samuel Jones - 1883 - 646 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." The learned counsel for appellant disagrees to these propositions only in saying that they are to be applied... | |
 | 1883 - 572 pages
...defendant or his servants, and the accident is such as, iu 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. This case is cited, with approbation, in Transportation Co. v. Downer, 11 Wall. 129. In Mullen v. St.... | |
 | 1922 - 1184 pages
...the definition as follows: "When a thing which causes injury is shown to be under the management of defendant, and the accident is such as in the ordinary...defendant, that the accident arose from want of care." The respondent's contention In this regard must be sustained. The facts of this case were not, we think,... | |
| |
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... 
