 | Thomas Beven - Negligence - 1895 - 1072 pages
...principle was thus formulated by Erle, CJ : " There must be reasonable evidence of negligence. But when the thing is shewn to be under the management of the...the defendants, that the accident arose from want of care."3 This principle appears to cover the two cases of Hammack v. White' and Byrne v. Boadle.3 There... | |
 | New York (State). Supreme Court. Appellate Division - Law reports, digests, etc - 1898 - 766 pages
...II. & C. 596), viz. : " There must be reasonable evidence of negligence. But where the thing is shown to be under the management of the defendant or his...defendants that the accident arose from want of care." The circumstances of the occurrence giving rise to this action are of the most unusual character. A... | |
 | William John Tossell - Law reports, digests, etc - 1905 - 892 pages
...uses this language : "There must be reasonable evidence of negligence But where the thing is shown under the management of the defendant or his servants,...defendants, that the accident arose from want of care. "A high, if not the highest, degree of care is exacted of operators of electricity, and, if a wire,... | |
 | Burr W. Jones - Civil procedure - 1896 - 718 pages
...reasonable evidence of negligence; but о о where the thing is shown to be under the management of defendant or his servants and the accident is such...defendants, that the accident arose from want of care. " " The rule laid down in the foregoing cases grows out of the peculiar relation between the carrier... | |
 | Frederick Pollock - Torts - 1897 - 712 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...defendants, that the accident arose from want of care." Therefore if I am lawfully and as of right (I) passing in a place where people are handling heavy goods,... | |
 | Arthur Robinson - Employers' liability - 1898 - 164 pages
...some affirmative evidence of negligence on the part of the defendant (6). But where the thing is shown to be under the management of the defendant or his...defendants, that the accident arose from want of care (c). The following are the principal cases : — No EVIDENCE OP NEGLIGENCE. 1860, Cotton v. Wood, 8... | |
 | West Virginia. Supreme Court of Appeals, Edgar P. Rucker - Law reports, digests, etc - 1898 - 942 pages
...(1865) :} Hurl. & C. 596: "There must be reasonable evidence of negligence. But where the thing is shown to be under the management of the defendant or his...defendants, that the accident arose from want of care." In those words it is approved in 1895 in Shafer v. Lawk, 108 Pa. St. 497, (82 Atl. 44), a case where... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1898 - 1034 pages
...of things, does not happen if those who have the management use proper care, it affords rea^onable evidence, in the absence of explanation by the defendants, that the accident arose from want of care." In those worda it is approved in 1895 in Shafer «** v. Lacock, 168 Pa. St. 497, a case where two workmen... | |
 | Frank Farnum Dresser - Employers' liability - 1902 - 906 pages
...adduce reasonable evidence of negligence to warrant the judge in leaving the case to the jury, "but where the thing is shewn to be under the management...the defendants, that the accident arose from want of care."114 The maxim was first applied, and is ordinarily applied, in cases where a stranger is injured... | |
 | William Weeks Morrill - Electric utilities - 1902 - 988 pages
...(1865), 3 Hurl. & C. 596: "There must be reasonable evidence of negligence. But where the thing is shown to be under the management of the defendant or his...defendants, that the accident arose from want of care." In those words it is approved in 1895 in Sliafer v. Lacock, 168 Pa. St. 497, 32 Atl. 44, a case where... | |
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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... 
