 | 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)... | |
 | 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... | |
 | 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... | |
 | Ohio. Supreme Court - 1906 - 660 pages
...presumption of negligence. 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...defendant, that the accident arose from want of care." The following cases selected at random from a much longer list, will serve to illustrate the application... | |
 | 1917 - 510 pages
...fullness and weight In is this: "When a thing which causes injury is shown to be under the management of the defendant, and the accident is such as in 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
...presumption of negligence. 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...defendant, that the accident arose from want of care." • The plaintiffs' statement sufficiently states a cause of action, and defendant's motion is therefore... | |
 | 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... | |
 | 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... | |
 | 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.... | |
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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... 
