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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 Canadian Law Times, Volume 35

Law - 1915
...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...
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The Southeastern Reporter, Volume 89

Law reports, digests, etc - 1916 - 1140 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...
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Report of Cases Determined by the Supreme Court of Appeals of ..., Volume 78

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...
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The Scots Law Times, Volume 2

Law - 1918
...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...
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Cases Decided in the Supreme Court of Appeals of Virginia, Volume 122

Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1918
...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...
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Reports of Cases at Law and in Equity Determined by the Supreme ..., Volume 178

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...
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Berks County Law Journal, Volume 12

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...
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The Principles of the Law of Contracts and Torts: With a Short Outline of ...

Alured Myddelton Wilshere - History - 1922 - 648 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...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 193

California. Supreme Court - Law reports, digests, etc - 1925
...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...
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The Federal Reporter: Cases Argued and Determined in the Circuit ..., Volume 139

Peyton Boyle - Law reports, digests, etc - 1906
...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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