 | William Weeks Morrill - Electrical engineering - 1910 - 1372 pages
...Docks Co., 3 Hurl. A C. 596, 601, it is said: 'There must be reasonable evidence of negligence. But where the thing is shown to be under the management...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 nse proper care, it... | |
 | Reginald Godfrey Marsden, Edward Stanley Roscoe - Collisions at sea - 1910 - 696 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 or his servants, and the accident is such as in the ordinary course of tllings does not happen if The Zadok, 9 PD 114, 118; The (e) 3 H. & C. 596;... | |
 | California. District Courts of Appeal - Law reports, digests, etc - 1910 - 992 pages
...Dock Co., 3 Hurl. & C. (Com. LRUS) 134, as follows: "There must be some evidence of negligence, but where the thing is shown to be under the management of the defendant or his servants, and that occurrence is such as, in the ordinary course of things, does not happen if those who have the... | |
 | Law reports, digests, etc - 1911 - 1406 pages
...clear, but In an early case the rule was formulated, and it has been ofttimes repeated as follows: "Where the thing Is shown to be under the management...defendant 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,... | |
 | William Blake Odgers - Evidence (Law) - 1911 - 1120 pages
...in certain cases where the cause of the accident is something in the exclusive management or control of the defendant or his servants, and the accident is such as does not happen in the ordinary course of things when due care is used, the plaintiff is entitled to... | |
 | Frederick Pollock - Torts - 1912 - 768 pages
...1863 (I), in these terms: — loquitur). '' There must be reasonable evidence of negligence. " But where the thing is shown to be under the management...happen if those who have the management use proper care (m), it affords reasonable evidence, in the absence of explanation by the defendants, that the accident... | |
 | Railroad law - 1912 - 860 pages
...facts that might show negligence or not being insufficient. . Negligence — Res Ipsa Loquitur.* — Where the thing is shown to be under the management...the defendant or his servants, and the accident is one which in the ordinary course of things does not happen where those in control use proper care,... | |
 | United States. Supreme Court - Law reports, digests, etc - 1912 - 1544 pages
...warehouse" by the defendant, and the court •aid: "There must be reasonable evidence of negligence: but where the thing is shown to be under the management of the defendant or hi« wrvants. and the accident is such as in the ordinary course of things does not happen if those... | |
 | Burr W. Jones, Louis Horwitz - Civil procedure - 1913 - 1090 pages
...would be within his power, may subject him to the inference that such precautions were omitted.95 "If 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 does not happen if those who have the management use proper care, it affords reasonable... | |
 | Great Britain. Privy Council - 1908 - 996 pages
...was stated by Erie, CJ, in Scott v. London and St. Katharine Docks Go. (4), the effect as follows : " Where the thing is shown to be under the management...the defendant or his servants, and the accident is snch as in the ordinary course of things does not happen, if those, who have the management, use proper... | |
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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... 
