| 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
...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, 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
...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, 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
...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, in the absence of explanation by the defendants, that the accident arose from want of care." [DENMAÎÎ, J. That was the case of au inanimate... | |
| 1871 - 874 pages
...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...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
...and the accidents is such as in the ordinary course of things does not happen, if those who have the management use proper care, it affords reasonable...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 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...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
...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...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
...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, in the absence of explanation by the defendBOOK I.] PROVINCES OF COURT AND JURY. [§ 423. § 423. Contributory negligence, — burden on... | |
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