| Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1894 - 694 pages
...means, appliances, men or apparatus employed by such carrier in the transporation, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from the want of proper care. Hence, the rule is well settled that in an action by a passenger for personal... | |
| 1897 - 830 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 the case at bar the thing which obstructed the passage in the car was evidently the personal baggage... | |
| William John Tossell - 1918 - 748 pages
...and the accident is such that 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." See Simon-Reigel Cigar Co. v. Battery Co. 20 Misc. 598 [46 NY Supp. 416.]. The syllabus is: "Where... | |
| Thomas Beven - 1895 - 1072 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." In other cases something further should be... | |
| 1895 - 1198 pages
...things, does not happen if those who have the management use proper care, it affords reasonable evidence of explanation by the defendant that the accident arose from want of care. Scott v. Docks Co., 10 Jur. (NS) 1108; Briggs v. Oliver, 4 Hurl. & C. 407; Mullen v. St. John, 57 NT... | |
| William John Tossell - 1905 - 832 pages
...have the management use proper care, it affords reasonable evidence of negligence in the absence of an explanation by the defendant, that the accident arose from want of care." Scott v. London & St. Catherine Docks Co., 3 Hurlstone and Coltman, 596. This principle seems to have... | |
| New York (State). Courts - 1896 - 836 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." See, also, Lyons v. Rosenthal, 11 Hun, 46; Breen v. RR Co., 109 NY 300; Volkmar v. RR Co., 134 id.... | |
| India, Tarapada Banerji - 1896 - 738 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 — Scott v. The London Dock Company, 3 H. and C. 596 ; 34 LJ Exch. 220. (c). The mere happening of... | |
| William John Tossell - 1911 - 776 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 act relied upon as a proximate cause of the injury both in the petition and the evidence is the... | |
| 1896 - 916 pages
...and the accident is such as in the ordinary course of things does not happen, if those who have tbe management use proper care, it affords reasonable...explanation by the defendant, that the accident arose from a want of care." See also, on this point, Thomp. Neg. pp. 1227-1235 ; Cooley, Torts, 706; and 16 Am.... | |
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