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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 of his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management... "
Atlantic Reporter - Page 384
1894
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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 24

1881 - 572 pages
...Dock Co., 3 H. & C. 59G; 34 LJ (Ex.) 220, "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 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
...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 course of things does not bap)>eii if those who have the management use proper...
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The Australian Jurist Reports: Supreme Court of the Colony of Victoria, Volume 1

Victoria. Supreme Court - 1871 - 380 pages
...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 of the defendant or his servant, and the accidents is such as in the ordinary course of things does not happen, if those who...
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Reports of Cases Decided in the Court of Appeals of the State of ..., Volume 46

New York (State). Court of Appeals, Hiram Edward Sickels - 1872 - 788 pages
...(Curtis v. Rock, and Syr. RR Co., 18 NY, 543.) So, in the Exchequer Chamber, it was held, that where the thing is shown to be under the management of the defendant, and the accident is such as, in the ordinary course of things, does not happen, if those who have the...
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Federal Decisions: Cases Argued and Determined in the Supreme ..., Volume 5

1884 - 978 pages
...by the defendant, and 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 h is servants, and the accident is such as in the ordinary course of things does not happen if those...
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Atlantic Reporter, Volume 83

1912 - 1148 pages
...case for the application of the doctrine of res ipsa loquitur was thus stated by Judge Roberts: "Where the thing is shown to be under the management of the defendant or his servant, and the accident is such as, in the ordinary course of things, does not happen, if those who...
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The Atlantic Reporter, Volume 106

1919 - 926 pages
...3 Hurl. & Colt, 596, where it is said: 'There must be reasonable evidence of negligence. But where the thing is shown to be under the management of the defendant or its servants, and the accident is such as, in the ordinary course of things, does not happen if those...
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The Southwestern Reporter, Volume 169

1915 - 1406 pages
...repeatedly approved by our courts, as follows: "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 aceident is such as in the ordinary course of things does not happen if those who have the management...
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