 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1884 - 684 pages
...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 of the defendant or his...explanation by the defendants, that, the accident arose from the want of care." Scott v. London, dc., Co., 3 H. & C. (Exchequer) 596. Of the case cited, a judge,... | |
 | Law reports, digests, etc - 1906 - 1164 pages
...as in the ordinary course of tilings does not happen if those who have such management and control use proper care, It affords reasonable evidence, in...explanation by the defendants, that the accident arose from the want of ordinary care by the defendant 1 Shearman & Redfield on Negligence, ยง 50. Under such circumstances... | |
 | Law reports, digests, etc - 1919 - 1020 pages
...of things does not happen if those who have the management, with proper care, it affords roasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care. To apply that doctrine to the case in question, if you find that the falling ol the fan in question... | |
 | Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1885 - 732 pages
...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 of the defendant or his...explanation by the defendants, that the accident arose from the want of care." Scott v. London, etc., Co., 34 LJ Exch. 220. Of the case cited a judge, perplexed... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 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...explanation by the defendants that the accident arose from the want of care. Scott v. London, etc., Co., 3 H. & C. (Exch.) 596. Of the case cited, a judge, perplexed... | |
 | Law reports, digests, etc - 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...explanation by the defendants, that the accident arose from a want of care." See, also, on this point, Thomp. Neg. pp. 1227-1235; Cooley, Torts, 706; and 16 Am.... | |
 | Law reports, digests, etc - 1892 - 1296 pages
...flre, and the consequent loss, were caused by the negligence of appellant. "When the thing is shown to be under the management of the defendant or his...defendants, that the accident arose from want of 'care. " Rintoul v. Railroad Co.. 17 Fed. Rep. 905. The liability hence attaching appellant seeks to avoid... | |
 | Seymour Dwight Thompson - Cross-examination - 1889 - 1428 pages
...of things, docs not happen if those who have the management used proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care." l In view of this principle, the English judges have concluded that the question whether the mere fact... | |
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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... 
