 | 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... | |
 | Law - 1890 - 772 pages
...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... | |
 | Seymour Dwight Thompson - Electric engineering - 1891 - 576 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... | |
 | Frederick Pollock - Torts - 1892 - 802 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,... | |
 | Francis Montagu Preston - Railroad companies - 1892 - 338 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... | |
 | 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... | |
 | 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... | |
 | 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... | |
 | Frederick Pollock - Torts - 1894 - 842 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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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... 
