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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 Law of Torts: A Treatise on the Principles of Obligations Arising from ...

Frederick Pollock - Torts - 1890 - 694 pages
...these terms: — " There must be reasonable evidence of negligence. " But where the thing is shown to be under the management of the defendant or his...the defendants, that the accident arose from want of (e) Carpue v. London $ Brighton $ SCR Co. (1850) 5 Ex. 787. JZ. Co. (1844) 6 QB 747, 751, 13 (/) Scott...
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La Revue legale, Volume 19

1890
...of things, does not happen if those who have the mana" gement use propcr care, it affords reasonable evidence, in " the absence of explanation by the defendants, that the " accident arose from want of care. " On a objecté que la prouve de l'arrangement entre le capitaine Bodden et Mr. Ewing ne pouvait se...
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The Law of Electricity: A Treatise on the Rules of the Law Relating to ...

Seymour Dwight Thompson - Electric engineering - 1891 - 525 pages
...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,...defendants, that the accident arose from want of care. ' " The principle is of special application in cases of bailment, and in other like cases, where a...
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The American and English Encyclopedia of Law, Volume 19

John Houston Merrill, Thomas Johnson Michie, Charles Frederic Williams, David Shephard Garland - Law - 1892 - 1218 pages
...negligence." But he continues, "where the thing is solely under the management of the defendant and his servants, and the accident is such as, in the...defendants, that the accident arose from want of care." Opinion in Scott T>. London etc. Dock. Co., 34 LJ Exch. 222; 3 H. & 0.596. Cases in Which Mere Happening...
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The Law of Torts: A Treatise on the Principles of Obligations Arising from ...

Frederick Pollock - Torts - 1892 - 806 pages
...Common course of affairs judicially noticed. such as in the ordinary course of things does not happen if those who have the management use proper care,...defendants, that the accident arose from want of care." Therefore if I am lawfully and as of right (g) passing in a place where people are handling heavy goods,...
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A Manual of Railway Law

Francis Montagu Preston - Railroad companies - 1892 - 318 pages
...in the ordinary course of things does not happen to those who have the management of machinery, and use proper care, it affords reasonable evidence, in...defendants, that the accident arose from want of care." 2 This principle has in several cases been applied to railway companies. The fact of a railway carriage...
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The Canadian Law Times, Volume 12

Law - 1892 - 946 pages
...consequence of which was the happening of the accident. There was reasonable evidence, in the absence of any explanation by the defendants, that the accident arose from want of care on their part. Assuming that the plaintiff was guilty of some negligence himself, the defendants did...
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The Liability of Railway Companies for Negligence Towards Passengers

Albert Parsons - Liability for railroad accidents - 1893 - 244 pages
...Company, 6 Times LR 192 (1890). the accident is such as, in the ordinary course of things, does not happen if those who have the management use proper care,...defendants, that the accident arose from want of care." When it is doubtful whether the nature of the when negligence doubtoccurrence denotes antecedent negligence...
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The Ontario Reports: Containing Reports of Cases Decided in the ..., Volume 22

Ontario. High Court of Justice - Law reports, digests, etc - 1893 - 806 pages
...ONTARIO REPORTS. [VOL. Judgment. is/J.^ think, reasonable evidence, in the absence of any Ferguson, J. explanation by the defendants, that the accident arose from want of care on their part. See Scott v. The London and St. Catharine's Docks Co., 3 H. & C. 596, 601. Shearman...
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A Treatise on the Law of Torts in Obligations Arising from Civil Wrongs in ...

Frederick Pollock - Torts - 1894 - 803 pages
...v. Mayor, 11 Id. 432; Vincent ». Cook, 4 Hun, 818; Robinson v. NY Cent. etc. R. Co., 65 Barb. 155. if those who have the management use proper care,...defendants, that the accident arose from want of care." Therefore if I am lawfully and as of right (g) passing in a place where people are handling heavy goods,...
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