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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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Reports of Cases Argued and Determined in the Appellate Court of ..., Volume 27

Indiana. Appellate Court - Law reports, digests, etc - 1902 - 800 pages
...those who have the management use proper care, it affords reasonable eviHolliday v. Gardner. dence, in the absence of explanation by the defendants, that the accident arose from want of care.' This statement of doctrine has met with judicial approval in many subsequent cases : Bovill, CJ, in...
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The Employers' Liability Act, 1880, and the Workmen's Compensation Act, 1897 ...

Alfred Henry Ruegg - Employers' liability - 1903 - 558 pages
...this inquiry has been well given in the following words : "If the thing causing the mischief is shown to be under the management of the defendant or his...defendants, that the accident arose from want of care " (a). This is the rule to be applied. What is the right inference to be drawn from particular facts...
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Cases Illustrating the Principles of the Law of Torts

Francis Reynolds Yonge Radcliffe, Sir John Charles Miles - Responsabilité civile - Grande-Bretagne - Jurisprudence - 1904 - 648 pages
...following conclusions : 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. We all assent to the principle laid down in the cases cited for the defendants, but the judgement turns...
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American Electrical Cases (cited Am Electl. Cas.): Being a ..., Volume 8

William Weeks Morrill - Electric utilities - 1904 - 1032 pages
...& C. 596), namely : ' There must be reasonable evidence of negligence. 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.' But ' in such case, however,' says the learned author of the American State Reports,...
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American Electrical Cases (cited Am Electl. Cas.): Being a ..., Volume 8

William Weeks Morrill - Electric utilities - 1904
...Hurl. & C. 596), namely: 'There must be reasonable evidence of negligence. 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.' But ' in such case, however,' says the learned author of the American State Reports,...
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The Criminal Law of India

John Dawson Mayne - Criminal law - 1904 - 1186 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." 8 Accordingly, where a man was walking along a public highway, and goods which the defendant was raising...
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Lawyers' Reports Annotated, Book 27

Law reports, digests, etc - 1905
...usual tests, and was used with judgment and skill by persons of experience." Where the thing is shown to be under the •management of the defendant or...defendants, that the accident arose from want of care. Scott v. London & St. K. Dock» Co. 8 Hurlst. AC. 600. The breaking down of a coach whereby a passenger...
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The Foundations of Legal Liability: Theory and principles of tort

Thomas Atkins Street - Actions and defenses - 1906
...or his servants, and the houseaccident 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." ' 2. Mullen v. St. John ( 1874) : ' The plaintiff, while properly on the sidewalk of Van Brunt street,...
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The American and English Railroad Cases: A Collection of All Cases ...

Railroad law - 1906
...defendant or his servant, and 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." This doctrine was held to be applicable to a common carrier in the transportation of flour in Rintoul...
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The Canadian Law Times, Volume 26

Canada - 1907 - 1228 pages
...warehouses. The Court of Exchequer Chamber, however, on appeal from the Court of Exchequer, held : " Where the thing is shewn to be under the management...the defendants, that the accident arose from want of proper care." The case of Briggs v. Oliver (1866), 4 H. & C. 403, followed along the lines of previous...
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