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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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Virginia Appeals: Decisions of the Supreme Court of Appeals of ..., Volume 15

Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1918 - 802 pages
...text-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. &c. Co. v. Hudgins, 100 Va. 416: "A presumption of negligence from the simple...
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The Law of Torts

George Luther Clark - Torts - 1922 - 359 pages
...proving negligence on the part of the defendant is upon the plaintiff. "But wherp the thing is shown to be under the management of the defendant or his...the defendants, that the accident arose from want of care."1 Where this rule — known as the doctrine of res ipsa loquitur2 applies, the plaintiff may...
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The Central Law Journal, Volume 46

Law - 1898
...(1866), 3 Hnrl. & C. 596: '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.' In those words it is approved in 1895 in Sbafer v. Lacock. 108 Pa. St. 497, 32 Atl. Rep. 44, a case...
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The Central Law Journal, Volume 57

Law - 1908
...leading English case: "There must be reasonable evidence of negligence. But where the thing is shown to be under the management of the defendant or his...the defendants, that the accident arose from want of care."2 1 10 Cent. LJ 261. The article was written by Symour D. Thompson, who drew a distinction between...
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The Central Law Journal, Volume 19

Law - 1884
...carrier must show that such care was exercised. In one case It was said : "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." Saott v. London etc. Co., 34 L. J . Exch. 220. Of the case cited a judge, perplexed...
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Governmental Indemnity: Hearings Before the Joint Committee on Atomic Energy ...

United States. Congress. Joint Committee on Atomic Energy - Indemnity against liability - 1956 - 429 pages
...of things does not happen if those who have the management used proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care." ' Basically this doctrine (which applies when the cause of the injury or damage is under the sole control...
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The Manitoba Reports, Volume 29

Law reports, digests, etc - 1920 - 588 pages
...a leading case on the subject, the Court of Exchequer Chamber held that: ''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 the present case the defendants ascribe the accident to the cold weather then prevailing; but it...
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The Scottish Law Review and Reports of Cases in the Sheriff ..., Volume 39

Law - 1923
...does not happen if those who have " the management use proper care, it affords reasonable evifr dence in the absence of explanation by the defendants, that " the accident arose from want of care." The decision is a remarkable vindication of Professor Glegg's revision of his former opinion. It also...
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American Law Reports Annotated, Volume 45

Law reports, digests, etc - 1926 - 1626 pages
...order for it to apply "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." Shearman & Redfield on Negligence, vol. 1, 59, state: "When a thing which causes injury is shown...
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Canadian Railway and Transport Cases, Volume 9

Railroad law - 1910
...considered judgment of the Court, said: "There must be reasonable evidence of negligence. But wiere the thing is shewn to be under the management of the...defendants, that the accident arose from want of care." So in this case, the unexplained fall of the coal, under the circumstances stated, is in itself, in...
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