 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...  Reports of Cases Argued and Determined in the Supreme Court of the State of ... - Page 329by Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1885Full 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... | |
 | 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... | |
 | 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...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... | |
 | 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...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... | |
 | 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,...defendant, that the accident arose from want of care." In Richmond Ry., etc., Co. v. Hudgins, 100 Va., 409, the plaintiff's horse took fright from the sudden... | |
 | 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,... | |
 | 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
...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,...that the accident arose from want of care." • The plaintiffs' statement sufficiently states a cause of action, and defendant's motion is therefore denied.... | |
 | 1881 - 846 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 this was in reference to a case where some... | |
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