 | 1898 - 562 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.' In those words it is approved in 1895 in Shafer... | |
 | Melville Madison Bigelow - 1875 - 808 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. The learned Chief Justice added that be and... | |
 | 1881 - 846 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 this was in reference to a case where some... | |
 | Edmond Robert Turner - 1882 - 210 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 learned judge said that under the old law there would have been a good defence to the action, but... | |
 | Nathaniel Cleveland Moak - 1882 - 896 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." [DKNMAN, J.: That was the case of an inanimate... | |
 | United States. Circuit Court (6th Circuit), William Searcy Flippin - 1882 - 836 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 aruse from want of care." To the same effect are many other cases. In... | |
 | New York (State). Superior Court (New York), James Clark Spencer, Samuel Jones - 1883 - 646 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 learned counsel for appellant disagrees to these propositions only in saying that they are to be... | |
 | 1883 - 572 pages
...and the accident is such as, iu 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. This case is cited, with approbation, in Transportation Co. v. Downer, 11 Wall. 129. In Mullen v. St.... | |
 | Edmund B. Ivatts - 1883 - 1168 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.' " Judgment against the Company. — Tried in... | |
 | 1913 - 1236 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.' This definition has met with such approval at tjie hands of judges in subsequent cases that it has... | |
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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... 
