 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 Atlantic Reporter - Page 3361890Full view - About this book
 | 1902 - 1178 pages
...Button v. Frink, 51 Conn. 351, 50 Am. Rep. 24. " 'There must be reasonable evidence of negligence. But where the thing is shown to be under the management...reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.' This statement of doctrine has met with judicial... | |
 | Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1885 - 732 pages
...exercised, that then the carrier must show that such care was exercised. In one case it was said : " But where the thing is shown to be under the management...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.... | |
 | 1885 - 652 pages
...were lowered to the ground. The Court said there must be reasonable evidence of negligence, but when the thing is shown to be under the management of the...use proper care, it affords reasonable evidence, in the absence of explanations by the defendant, that the accident arose from want of care. This case... | |
 | Isaac Grant Thompson - 1885 - 912 pages
...: " But where the thing is shown to be under Terre Haute and Indianapolis Railroad Company v. Back. the management of the defendant or his servants, and...reasonable evidence, in the absence of explanation by the defendants that the accident arose from the want of care. Scott v. London, etc., Co., 3 H. & C. (Exch.)... | |
 | Reginald Godfrey Marsden - 1885 - 616 pages
...that " where the thing " (goods suspended over the pavement, which fell and injured the plaintiff) " is shown to be under the management of the defendant...happen if those who have the management use proper Elysia, 4 Asp. Mar. Law Cas. 540; sion, and under their control, some(A) See per Sir J. Hanuen in The... | |
 | Sir Walworth Howland Roberts, George Wallace - 1885 - 610 pages
...arises, or, as has been said, res ipisa loquitur, where the thing which does the mischief is solely under the management of the defendant or his servants, and the accident is such as, in the ordinary course of things, does not happen where proper care is used ; although the presumption... | |
 | 1918 - 1234 pages
...doctrine of res ipsa loquitur. It fulfills every requirement of the generally approved definition: "When the thing is shown to be under the management of the...of explanation by the defendant, that the accident aroso from want of care." Scott v. London Docks Co., 2 H. & C. 596. When the plaintiff gave evidence... | |
 | 1917 - 1194 pages
...go upon the principle that, "Where a thing Is shown to be under the management of the defendant and his servants, and the accident is such as in the ordinary...those who have the management use proper care, It offers reasonable evidence, in the absence of explanation by the defendant, that the accident arose... | |
 | 1895 - 1166 pages
...defendants, and the accident is such as, in the ordinary course of things, does not happen if uiose who have the management use proper care, it affords...reasonable evidence, in the absence of explanation by the defendants, that the accident arose from a want of care." See, also, on this point, Thomp. Neg. pp.... | |
 | 1912 - 1148 pages
...proper case for the application of the doctrine of res ipsa loquitur was thus stated by Judge Roberts: "Where the thing is shown to be under the management of the defendant or his servant, and the accident is such as, in the ordinary course of things, does not happen, if those who... | |
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