| Reginald Godfrey Marsden, John William Mansfield - 1891 - 716 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... | |
| Seymour Dwight Thompson - 1891 - 576 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 evidence, in the absence of explanation by the defendants, that the accident arose from want of care. ' " The principle is of special application... | |
| Illinois. Appellate Court, James Bolesworth Bradwell - 1892 - 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...defendant, that the accident arose from want of care. For authorities as to the application of the rule, Sec. 2, Thomp. on Neg. 1227, etseq. If that rnle... | |
| Francis Montagu Preston - 1892 - 338 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." 2 This principle has in several cases been... | |
| Missouri. Courts of Appeals - 1893 - 800 pages
...and 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...the defendant, that the accident arose from want of proper care. Dougherty v. Railroad, 9 Mo. App. 478; sc, affirmed, 81 Mo. 325, 329, and cases cited.... | |
| Albert Parsons - 1893 - 244 pages
...(1890). 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." When it is doubtful whether the nature of the... | |
| Vermont. Supreme Court - 1894 - 786 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 the want of care.' Scott v. London, etc., Docks Co., 3 Hurl. & C. 596; and see, to the same effect,... | |
| Frederick Pollock - 1894 - 842 pages
...Vincent c. Cook, 4 Hun, 818; Robinson v. NY Cent. etc. R. Co., 66 Barb. 155. 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." Therefore if I am lawfully and as of right... | |
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