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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... "
Albany Law Journal - Page 117
1883
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Establish a Commission on Government Procurement: Hearing ..., Volumes 74-76

United States. Congress. Senate. Committee on Government Operations - 1969 - 434 pages
...its management or control use proper care, the occurrence of the accident itself affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care. See 65 CJS, Negligence, § 220 (2) ejt. seq. The doctrine has been applied to such occurrences as falling...
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Hearings, Reports and Prints of the Senate Committee on Government Operations

United States. Congress. Senate. Committee on Government Operations - 1969 - 1762 pages
...its management or control use proper care, the occurrence of the accident itself affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care. See 65 CJS, Negligence, 3 220 (2) et. seq. The doctrine has been applied to such occurrences as falling...
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The State Reports, New South Wales, Volume 3

New South Wales. Supreme Court - 1903 - 788 pages
...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 proper care,...absence of explanation by the defendant, that the action arose from want of care." This principle has been followed in a number of cases in England and...
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Selected Materials on Atomic Energy Indemnity and Insurance Legislation

1974 - 584 pages
...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 proper care,...reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care. 17. See eg, Mack v. Reading Co., 377 Pa. 135,...
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Oversight Hearings on Nuclear Energy: Overview of the Major Issues ..., Volume 5

United States. Congress. House. Committee on Interior and Insular Affairs. Subcommittee on Energy and the Environment - 1975 - 216 pages
...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 proper care,...reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care. 17. See eg, Mack v. Reading Co., 377 Pa. 135,...
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Swine Flu Immunization Program: Supplemental Hearings Before the ...

United States. Congress. House. Committee on Interstate and Foreign Commerce. Subcommittee on Health and the Environment - 1976 - 628 pages
...defendant or his servant, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care,...defendant that the accident arose from want of care." [183] The Court of Appeals affirmed the trial court's decision as to breach of warranty not being applicable...
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Swine Flu Immunization Program: Supplemental Hearings Before the ...

United States. Congress. House. Committee on Interstate and Foreign Commerce. Subcommittee on Health and the Environment - 1976 - 596 pages
...of things does not happen if those who have the management пае proper care, it affords reasonable evidence in the absence of explanation by the defendant that the accident arose from want of care." [183] The Court of Appeals affirmed the trial court's decision as to breach of warranty not being applicable...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 91

Alabama. Supreme Court - 1891 - 764 pages
...or his servants, 'and the accident is such as, under an ordinary course of things, does not happen if those who have the management use proper care,'...defendant, that the accident arose from want of care." It may be that the charge given had a tendency to mislead the jury; and it may be that some explanation,...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 197

Alabama. Supreme Court - 1917 - 800 pages
...management of the defendant, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care,...explanation by the defendant, that the accident arose from a want of care. So also : 'Where it is shown that the accident is such that its real cause may be the...
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Minnesota Reports: Cases Argued and Determined in the Supreme ..., Volume 68

Minnesota. Supreme Court - 1898 - 622 pages
...control of the defendant, and the accident is such as, in the ordinary course of things, does not happen if those who have the management use proper care,...defendant, that the accident arose from want of care. Huey v. Gahlenbeck, 121 Pa. St. 238; 6 Am. St. Rep. 792, and note, 15 Atl. 520. As applied to the facts...
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