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" 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 Appeals of ... - Page 669
by West Virginia. Supreme Court of Appeals, Edgar P. Rucker - 1898
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

1869 - 1040 pages
...conclusion : that there must be reasonable evidence of negligence ; that where the thing is solely under the management of the defendant or his servants, and the accident is such as, in the ordinary course of things, does not happen to those who have the management of machinery and use...
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Jurist: Containing Reports of All Cases Determined in Law and in ..., Part 1

1866 - 1074 pages
...(affirming the decision of the Court of Exchequer), that where tlie thing which causes the accident is shewn to be under the management of the defendant or his servants, and the accident is such as would not happen in the ordinary course of management, the accident itself, if unexplained, is reasonable...
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Reports of Cases Heard and Determined by the Judicial Committee ..., Volume 6

Great Britain. Privy Council. Judicial Committee, Edmund F. Moore - 1864 - 608 pages
...adduce reasonable evidence of negligence to warrant the Judge in leaving the case to the jury. But that where the thing is shown to be under the management...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...
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The Law of Railways: Embracing Corporations, Eminent Domain, Contracts ...

Isaac Fletcher Redfield - 1867 - 930 pages
...was here declared by the Exchequer Chamber, that where the thing which causes the accident is known to be under the management of the defendant or his servants, and the accident is such as would not happen in the ordinary course of management, the accident itself, if unexplained, is reasonable...
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The Law of Railways: Embracing Corporations, Eminent Domain ..., Volume 2

Isaac Fletcher Redfield - 1867 - 944 pages
...was here declared by the Exchequer Chamber, that where the thing which causes the accident is known to be under the management of the defendant or his servants, and the accident is *uch as would not happen in the ordinary course of management, the accident itself, if unexplained,...
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North Carolina Reports: Cases Argued and Determined in the ..., Volume 140

North Carolina. Supreme Court - 1905 - 922 pages
...London Dock Co., 3 H. & C. (Com. LRUS, 134,) said: "There must be some evidence of negligence, but when the thing is shown to be under the management of the...defendant or his servants and the accident is such that, as in the ordinary course of things, does not happen if those who have the management use the...
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Albany Law Journal, Volume 40

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...reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care. But instances are not (infrequent of steam-boiler...
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Albany Law Journal, Volume 24

1881 - 572 pages
...insufficient tackle. The passage in tho judgment iu Scott v. London Dock Co., 3 H. & C. 59G; 34 LJ (Ex.) 220, "There must be reasonable evidence of negligence....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,...
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Albany Law Journal, Volume 24

1881 - 572 pages
...insufficient tackle. The passage in the judgment in Scott v. London Dock Co., 3H. & C. 59G; 34 LJ (Ex.) ZX>, "There must be reasonable evidence of negligence. But where the thing is shown to bo under the management of the defendant or his servants, and the accident is such из iu the ordinary...
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The American Law Register, Volume 10

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...reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care." So in Ourtis v. The Rochester and Syracuse Railroad...
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