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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... "
Name-Powers - Page 27
by John Mews - 1898
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Reports of Cases Argued and Determined in the Superior Court of ..., Volume 48

New York (State). Superior Court (New York), James Clark Spencer, Samuel Jones - Law reports, digests, etc - 1883 - 646 pages
...quotes this proposition: "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...defendant, that the accident arose from want of care." The learned counsel for appellant disagrees to these propositions only in saying that they are to be...
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Carriers' Law: Relating to Goods and Passenger Traffic on Railways, Canals ...

Edmund B. Ivatts - Carriers - 1883 - 1168 pages
...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...reasonable evidence, in the absence of explanation by the Defendants, that the accident arose from want of care.' " Judgment against the Company. — Tried in...
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Albany Law Journal, Volume 26

Law - 1883 - 572 pages
...defendant or his servants, and the accident is such as, iu the ordinary course of things, does not happen if those who have the management use proper care,...defendant, that the accident arose from want of care. This case is cited, with approbation, in Transportation Co. v. Downer, 11 Wall. 129. In Mullen v. St....
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Federal Decisions: Cases Argued and Determined in the Supreme ..., Volume 5

Law reports, digests, etc - 1884 - 978 pages
...evidence of negligence ; but where the thing is shown to be under the management of the defendant or h is servants, and the accident is such as in the ordinary...defendant, that the accident arose from want of care." So in Curtis v. liochester & Syracuse R. Co., 18 XY, 543, the court of appeals of îiew York held that...
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A Digest of the Reported Decisions of the Courts of Common Law ..., Volume 5

John Mews - Law reports, digests, etc - 1884 - 1048 pages
...Ch. liut where the instrument or machinery is shewn to be under the management of theUefendant or his servants, and the accident is such as in the ordinary...defendant, that the accident arose from want of care. Ib. hi an action against a dock company for injury to the plaintiff by their alleged negligence, the...
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Albany Law Journal, Volume 29

Law - 1884 - 554 pages
...human experience. " But wheu the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary...explanation by the defendant that the accident arose from a want of care." The case of Gee v. Metropolitan IÎ. Co., L. II., 8 QB 161, is very similar to that...
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The Pacific Reporter, Volume 133

Law reports, digests, etc - 1913 - 1236 pages
...itself speaks,1' is that, 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...explanation by the defendant, that the accident arose from lack of proper care. [Ed. Note. — For other cases, see Negligence, Cent. DÍR. §§ 217-220, 224-228,...
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Albany Law Journal, Volume 29

Law - 1884 - 552 pages
...human experience. " But when the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary...explanation by the defendant that the accident arose from a want of care." The case of Oee V. Metropolitan R. Co., L. &., 8 QB 161, is very similar to that of...
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1884 - 746 pages
...of himself or his servants. When a thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary...reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care. A clause in a bill of lading which provides...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 96

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1884 - 684 pages
...case it was said: " 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...reasonable evidence, in the absence of explanation by the defendants, that, the accident arose from the want of care." Scott v. London, dc., Co., 3 H. & C. (Exchequer)...
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