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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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Arkansas Reports: Cases Determined in the Supreme Court of the State of ...

Arkansas. Supreme Court - 1920
...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...
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A Treatise on the Law of Negligence, Volume 1

Thomas Gaskell Shearman, Amasa Angell Redfield - 1888
...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...
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Wisconsin Reports: Cases Determined in the Supreme Court of Wisconsin, Volume 68

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1888
...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...
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The Law of Railway Companies: Being a Collection of the Acts and Orders ...

John Hutton Balfour Browne, Sir Henry Studdy Theobald - 1888 - 916 pages
...and the accident is such as in the ordinary course of tilings 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 " (Scott v. London Dock Co., 3 H. & C. 596 ; 34...
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The American State Reports: Containing the Cases of General Value ..., Volume 6

Abraham Clark Freeman - 1889
...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...
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Cases Determined in the St. Louis and the Kansas City Courts of ..., Volume 33

Missouri. Courts of Appeals - 1889
...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...
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Federal Decisions: Cases Argued and Determined in the Supreme ..., Volume 28

1888
...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...
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Wisconsin Reports: Cases Determined in the Supreme Court of Wisconsin, Volume 75

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - 1890
...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." In the case at bar the thing which obstructed the passage in the car was evidently the personal baggage...
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The Law of Torts: A Treatise on the Principles of Obligations Arising from ...

Frederick Pollock - 1890 - 616 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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A Treatise on the Law of Collisions at Sea: With an Appendix Containing the ...

Reginald Godfrey Marsden, John William Mansfield - 1891 - 644 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." In Mqffatt v. Bateman (e), it was held that the principle of Scott v. London and St. JTat/icrine's Dock...
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