 | Law - 1915 - 1082 pages
...conclusion. There must be reasonable evidence of negligence. But when the thing is shown to be under fie management of the defendant or his servants, and the...defendants, that the accident arose from want of care." Another case — and the last I shall mention — is Kearney v. London & Brighton Jiy. Co? As the plaintiff... | |
 | Law reports, digests, etc - 1916 - 1138 pages
...case was reversed. In a brief opinion by the Chief Justice, he says: "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." [в] In no case does the law demand more than reasonable care. But reasonable care is a varying, rather... | |
 | West Virginia. Supreme Court of Appeals, Edgar P. Rucker - Law reports, digests, etc - 1917 - 958 pages
...case was reversed. In a brief opinion by the Chief Justice, he says: "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 no case does the law demand more than reasonable care. But reasonable care is a varying, rather... | |
 | Law - 1918 - 880 pages
...beyond the control of the driver. The often-quoted dictum of Erie CJ in Scott v. London Dock Co. (cit.), that "Where the thing is shewn to be under the management...defendants, that the accident arose from want of care." Applying this dictum to the facts of this case, it is plain that the horse whose movement caused the... | |
 | Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1918 - 1170 pages
...writers, this is 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." And this in Richmond Ry., etc., Co. v. Hudgins, 100 Va. 416, 41 SE 739 : "A presumption of negligence... | |
 | Iowa. Supreme Court - Law reports, digests, etc - 1918 - 1582 pages
...see no escape from the conclusion that, in the language of the English court, "it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care." Scott v. Docks Co., supra. In principle, quite like the case at bar is Jones v. Kansas City, FS & MR... | |
 | Randolph Stauffer, Wellington M. Bertolet - Bar associations - 1920 - 238 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,...explanation by the defendants that the accident arose from a want of care :" Shafer vs. Lacock, Hawthorn & Co, supra. The plaintiffs, in addition to showing the... | |
 | Alured Nathaniel Myddelton Wilshere, John Indermaur, Alured Myddelton Wilshere - History - 1922 - 742 pages
...London General Omnibus Co. [1909] AC, at pp. 663, 664; 78 LJKB 1063; 101 LT 411; 25 TLR 729. (o) Id. management of the defendant or his servants, and the...defendants, that the accident arose from want of care " (q). Accordingly, the fall of a sack from a crane (r) and the fall of a barrel from a window of a... | |
 | California. Supreme Court - Law reports, digests, etc - 1925 - 956 pages
...occur had due care been employed," and "that the happening of the accident, if any, affords reasonable evidence, in the absence of explanation by the defendants, that the accident, if any, was the result of a want of proper care on the part of the defendants." The jurors were thus... | |
 | Law reports, digests, etc - 1906 - 1036 pages
...those who have the management use proper care, it affords reasonable evidence, in the absence of the explanation by the defendants, that the accident arose from want of care." To same effect is the able opinion of Judge Morrow in The Joseph B. Thomas (DC) 81 'Fed. 578. In the... | |
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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... 
