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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 American and English Railroad Cases: A Collection of All Cases ...

Railroad law - 1912
...101 Am. St. Rep. 660. "Where the thing is shown to be under the management of the defendant or hi? servants, and the accident is such as, in the ordinary...defendants, that the accident arose from want of care." Scott v. London Docks Co., 3 H. & C. 596; Foss r. Baker, 62 NH 247, 249. [3] The plaintiff, having...
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The Law of Torts: A Treatise on the Principles of Obligations Arising from ...

Frederick Pollock - Torts - 1912 - 716 pages
...things does not happen if those who have the management use proper care (m), it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care." Therefore if I am lawfully and as of right (n) passing in a place where people are handling heavy goods,...
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A Treatise on the Law of Trials in Actions Civil and Criminal, Volume 2

Seymour Dwight Thompson - Cross examinations - 1912 - 1106 pages
...of ti1ings, does not happen if those who have themanagement used proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care."18 In view of this principle, the English judges have concluded that the question whether the...
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The Pacific Reporter, Volume 129

Law reports, digests, etc - 1913 - 1228 pages
...614 (32 LRA [NS] 45): "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." Wigmore discusses the subject under the head- of "Burden of Proof— Presumptions," and, after stating...
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The Revised Reports: Being a Republication of Such Cases in the ..., Volume 140

Frederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Joseph Gerald Pease, William Bowstead - Law reports, digests, etc - 1913
...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 principles laid down in the cases cited for the defendants ; but the judgment...
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The Saskatchewan Law Reports, Volume 4

Law reports, digests, etc - 1913
...H. & C. 596, at p. 604 (13 LT148, 34 LJ Ex. 1), cited by the trial Judge : "Where the thing is shown to be under the management of the defendant or his...defendants, that the accident arose from want of care." But it is not conclusive; it is merely evidence from which a jury may find negligence, as appears by...
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Commentaries on the Law of Evidence in Civil Cases, Volume 2

Burr W. Jones, Louis Horwitz - Evidence (Law) - 1913
...must be reasonable evidence of negligence; but where the thing is shown to be under the management of defendant or his servants and the accident is such...the defendants, that the accident arose from want of care."28 The reason assigned for the adoption of the rule, that the happening of the accident is prima...
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Privy Council Judgments on Appeals from India, 1825-1910, Volume 8

Great Britain. Privy Council - 1908 - 996 pages
...of things does not happen, if those, who have the management, use proper care, it affoids reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care." Here, it was submitted, the bringing in the fire-works was not under the management of the defendants,...
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Judicial and Statutory Definitions of Words and Phrases, Volume 4

Law - 1914 - 1380 pages
...defendant or his servants, and the accident is such as in the ordinary course of thingsfdoes not happen, if those who have the management use proper care,...defendants, that the accident arose from want of care. Unless the circumstances surrounding an injury render it more probable that it resulted from the negligence...
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The Canadian Law Times, Volume 35

Law - 1915 - 1088 pages
...following conclusion. There must be reasonable evidence of negligence. But when the thing is shown to be under the management of the defendant or his...defendants, that the accident arose from want of care." Another case — and the last I shall mention — is Kearney v. London & Brighton Ry. Co.* As the plaintiff...
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