 | 1916 - 1216 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. McNulty v. Ludwig & Co., 153 App. Div. 206, 138 NY Supp. 84-90, and cases there cited. Judgment reversed,... | |
 | Arkansas. Supreme Court - 1920 - 676 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.' Tested by this rule, no question of contractual relation could ever form an element... | |
 | Thomas Gaskell Shearman, Amasa Angell Redfield - 1888 - 720 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.9 Thus, " a explanatory circumstances, negligence will be presumed, and the burden is... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1888 - 770 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 fro?n want of care." Under this rule it is claimed that from the facts proved, as above stated, the... | |
 | Abraham Clark Freeman - 1889 - 996 pages
...and the accident is euch as, in the ordinary course of things, docs 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. London etc. DocTcs Co., 3 Hurl. & 0. 696; and see, to the same effect, Kearney v. Railway... | |
 | Missouri. Courts of Appeals - 1889 - 758 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. Dougherty v. Jiailroad, supra. ( 6 ) At all events, defendant's employes and rolling-stock operated... | |
 | 1888 - 912 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 company, that the accident arose from want of care. The presumption originates from the nature of the... | |
 | Frederick Pollock - 1890 - 694 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 (e) Carpue v. London $ Brighton $ SCR Co. (1850) 5... | |
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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... 
