 | Canada - 1907 - 1242 pages
...Court of Exchequer Chamber, however, on appeal from the Court of Exchequer, held : " Where the tiling is shewn to be under the management of the defendant...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... | |
 | Thomas Johnson Michie - Law reports, digests, etc - 1907 - 932 pages
...or his servants, and the accident is such as, in the ordinary course of things, does not happen ',f those who have the management use proper care, it...defendants, that the accident arose from want of care.'" Snyder v. Wheeling, etc., Co., 43 W. Va. 661, 28 SE 733. A presumption of negligence from the simple... | |
 | Burr W. Jones - Civil procedure - 1908 - 1408 pages
...must be reasonable evidence of negligence; but where the thing is shown to be under fhe management of defendant or his servants and the accident is such...the defendants, that the accident arose from want of care."49 The rule laid down in the foregoing cases grows out of the peculiar relation between the carrier... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1909 - 1216 pages
...Am. St. Rep. 958, 64 Atl. 515, where the principle is stated as follows: "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 under which this accident occurred were certainly such as to call for full explanation... | |
 | Alfred Henry Ruegg - Employers' liability - 1910 - 1166 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 " (c) (188). This is (c) Judgment of EBLE, CJ, in Scott v. London Dock Co., 3 H. & C. 596 ; 34 LJ Exch.... | |
 | Frederick Green - Carriers - 1910 - 650 pages
...Earle, C. .T., said: " 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." that the railroad company was not at fault. The exception of this appellant to the court's charge is... | |
 | Law - 1910 - 428 pages
...management of the defendants, 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. (See, also, on -this point, Thompson on Negligence, 1227-1235; Cooley on Torts, 706, and 16 Am. & Eng.... | |
 | William Weeks Morrill - Electrical engineering - 1910 - 1372 pages
...of things, does not happen if those who have the management nse proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.' Hill v. Scott is approvingly cited in Setter v. Bischoff, 63 Mo. App., loc, cit. 160; Ward v. Bteffen,... | |
 | South Australia. Supreme Court - 1912 - 248 pages
...Chamber in the leading case upon the subject: — "There must be reasonable evidence of negligence. But where the thing is shewn to be under the management...defendants, that the accident arose from want of care" (Scott v. The London and St. Katherine Dock Company, 3JJ..& C., 596 at 601). The position is well summarized... | |
 | Edward Betley Brown, L. S. Le Vernois, Esten Kenneth Williams - Law reports, digests, etc - 1912 - 1018 pages
...The principle is thus state^ by Erie, CJ, in Scott v. London, &c., Dock Co., 3 H. & N. at p. 601 : " Where the thing is shewn to be under the management...defendants, that the accident arose from want of care." Without discussing the case in which res ipsa loquitur has been invoked, I might say that its application... | |
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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... 
