 | 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... | |
 | 1902 - 1164 pages
...defendant; and, as said In the exchequer chamber, in Scott v. Docks Co., 8 Hurl. & С. Б96. 601: "Where the thing Is shown to be under the management of the...defendant, that the accident arose from want of care." We see no indication of contributory negligence on the plaintiff's part, for her evidence shows that... | |
 | 1890 - 1134 pages
...plaintiff's counsel cite the rule as stated in Scott v. Docks Co., 8 Hurl. & C. 596, as follows: "Where the thing is shown to be under the management of the...defendant, that the accident arose from want of care." There is no occasion to consider whether the rule, as above stated, needs qualification or not. There... | |
 | 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 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... | |
 | 1915 - 1106 pages
...evidence of negligence. But where the thing is shown to be under the management of the defendant or He servants, and the accident is such as, in the ordinary...defendant, that the accident arose from want of care." Howscr v. C. & P. RR Co., 80 Md. 146, 30 Atl. 906, 27 LR A. 154, 45 Am. St. Rep. 332; Deoola v. Cowan,... | |
 | Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1886 - 780 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. Scott v. Dock Co., 10 Jur. (NS) 1108 ; Briggs v. Oliver, 4 Hurl. & Col. 407 ; Mullen v. St. John, 57... | |
 | 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... | |
 | 1913 - 1134 pages
...and the accident is such as, in the ordinary course of things, does not happen if those who have tUe management use proper care, it affords reasonable...de-fendant, that the accident arose from want of care." And among the American cases cited and relied upon by the court was the case of Cummings v. National... | |
 | 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.... | |
 | 1920 - 956 pages
...proper care, and the circumstances surrounding It were such as to create a reasonable probability, in the absence of explanation by the defendant, that the accident arose from want of proper care. Con108 A.-22 sequently, the principle res Ipsa loquitur le applicable. Houston v. Brush... | |
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The court said 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... 
