| Alabama. Supreme Court - 1891 - 764 pages
...the accident is such as, under an 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." It may be that the charge given had a tendency to mislead the jury; and it may be that some explanation,... | |
| Alabama. Supreme Court - 1917 - 800 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...explanation by the defendant, that the accident arose from a want of care. So also : 'Where it is shown that the accident is such that its real cause may be the... | |
| Pennsylvania. Courts - 1926 - 916 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 a want of care." See, also, Fisher v. Ruch, 12 Pa. Superior... | |
| Minnesota. Supreme Court - 1898 - 622 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. Huey v. Gahlenbeck, 121 Pa. St. 238; 6 Am. St. Rep. 792, and note, 15 Atl. 520. As applied to the facts... | |
| 1901 - 228 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. A train stopping so as to throw people about comes within this rule. It does not follow, because no... | |
| 1919 - 1016 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. McCray v. G., H. & SA Ry. Co., 89 Tex. 168, 34 SW 96. dence the following statement In the deposition... | |
| 1903 - 1166 pages
...Redfleld, the peculiar circumstances of this class of cases, when made to appear, "afford reasonable evidence, In the absence of explanation by the defendant, that the accident arose from want of care"; end In such case, as was said In Seybolt v. Railroad Co., supra, "the onus then rests upon the defendant... | |
| 1910 - 1380 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. [Ed. Note. — For other cases, see Neslieence... | |
| |