 | 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
...the case to the jury. But that where the thing is shown to be under the management of the Defendant or his Servants, and the accident is such as in the...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... | |
 | 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)... | |
 | 1881 - 572 pages
...reasonable evidence of uegligence. 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...reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care." [DENMAN, J. That was the case of an inanimate... | |
 | 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
...reasonable evidence of negligence ; tut where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the...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... | |
 | 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... | |
 | Francis Wharton - 1874 - 960 pages
...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...reasonable evidence, in the absence of explanation by the defendBOOK I.] PROVINCES OF COURT AND JURY. [§ 423. § 423. Contributory negligence, — burden on... | |
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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... 
