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 1171883Full view - About this book
| 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... | |
| 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... | |
| 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... | |
| 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,... | |
| 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,... | |
| 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... | |
| 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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