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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... "
The Exchequer Reports: Reports of Cases Argued and Determined in the Courts ... - Page 402
by Great Britain. Court of Exchequer - 1868
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1884 - 746 pages
...exemption from responsibility for the negligence of himself or his servants. When a thing is shown to be under the management of the defendant or his...defendants, that the accident arose from want of care. A clause in a bill of lading which provides that the carrier who is legally liable for any damage shall...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 96

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,...
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The Pacific Reporter, Volume 86

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, 50. Under such circumstances...
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The Pacific Reporter, Volume 181

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...
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The American and English Railroad Cases: A Collection of All the Railroad ...

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...
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The American Reports: Containing All Decisions of General ..., Volume 49

Isaac Grant Thompson - Law reports, digests, etc - 1885
...: " 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...
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Atlantic Reporter, Volume 32

Law reports, digests, etc - 1895
...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....
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The Southwestern Reporter, Volume 17

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...
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The Law of Railway Companies: Being a Collection of the Acts and Orders ...

John Hutton Balfour Browne, Sir Henry Studdy Theobald - Railroad companies - 1888 - 916 pages
...and proper care loquitur. was taken. The rule is thus stated by Erie, CJ , " where the thing is shown to be under the management of the defendant or his...defendants that the accident arose from want of care " (Scott v. London Dock Co., 3 H. & C. 596 ; 34 LJ Ex. 220). This principle would apply to cases of...
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A Treatise on the Law of Trials in Actions Civil and Criminal, Volume 2

Seymour Dwight Thompson - Cross-examination - 1889 - 2376 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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