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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... "
The Western Law Reporter Canada and Index-digest - Page 519
edited by - 1906
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The Pacific Reporter, Volume 180

1919 - 1026 pages
...ordinary course of things does not happen when those who have the management use proper care, it affords evidence in the absence of explanation by the defendant that the accident came through want of care.' "How completely this applies to the case at bar. Such an accident would...
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Principles of the Law of Torts

Francis Taylor Piggott - 1885 - 448 pages
...as in the ordipresumed to nary course of things does not happen if those who have the erespons1 e. management use proper care, it affords reasonable...defendant that the accident arose from want of care." On this principle the opinion was 5 Ex: 787. expressed in Skinner v. London and Brighton Ry. Co., that...
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A Treatise on the Law of Railroads, Volume 2

Horace Gay Wood - 1885 - 804 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 ease is cited, with approbation, in Transportation Co. v. Downer, 11 Wall. (US) 129. In Mullen...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 61

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1885 - 772 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 rule is sustained in numerous cases, many of which are cited in the brief of counsel for plaintiff....
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The American Reports: Containing All Decisions of General ..., Volume 51

Isaac Grant Thompson - 1885 - 944 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. Scott v Dock Co., 10 Jur. (NS) 1108; Brigga v. Oliver, 4 Hurlst & Colt 407; Mullen v. St. John, 57...
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A Treatise on the Law of Collisions at Sea: With an Appendix, Containing ...

Reginald Godfrey Marsden - 1885 - 616 pages
...these remarks Collision between a ship under way and another at anchor. care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care." In Moffatt v. Bateman (/), it was held that the principle of Scott v. London and St. Katherine's Dock...
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1885 - 732 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 the want of care." Scott v. London, etc., Co., 34 LJ Exch....
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Atlantic Reporter, Volume 86

1913 - 1134 pages
...and the accident is such as, in the ordinary course of things, does not happen if those who have tUe management use proper care, it affords reasonable...de-fendant, that the accident arose from want of care." And among the American cases cited and relied upon by the court was the case of Cummings v. National...
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Atlantic Reporter, Volume 52

1902 - 1164 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." We see no indication of contributory negligence on the plaintiff's part, for her evidence shows that...
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The Atlantic Reporter, Volume 19

1890 - 1134 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." There is no occasion to consider whether the rule, as above stated, needs qualification or not. There...
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