 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 27by John Mews - 1898Full view - About this book
 | Herbert Broom, Herbert Francis Manisty, Charles Francis Cagney - Legal maxims - 1884 - 1078 pages
...jury, on the ground 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...use proper care, it affords reasonable evidence, in the absence of explanatioii by the defendants, that the accident arose from want of care (r) ; similarly,... | |
 | United States. Supreme Court - Law reports, digests, etc - 1884 - 966 pages
...defendant or his servants, and the accident is such as in the ordi nary course of things does not happen if those who have the management use proper care,...defendant, that the accident arose from want of care." So in Curtía v. А R. Co., 18 NY, 543, the Court of Appeals of New York held that the mere fact that... | |
 | Law reports, digests, etc - 1920 - 1156 pages
...management of the defendant, and the accident Is such as In the ordinary course of things does not happen, if those who have the management use proper care,...absence of explanation by the defendant, that the accl£=>For other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes (190... | |
 | Law reports, digests, etc - 1914 - 1230 pages
...accident is such as in the ordinary course of events does not happen if those who have the control or management use proper care, it affords reasonable evidence, in the absence of explanation by the carrier, that the accident arises from want of care. Gilmore v. Brooklyn Heights Ry. Co., 6 App. Dlv.... | |
 | Law reports, digests, etc - 1906 - 1164 pages
...as in the ordinary course of tilings does not happen if those who have such management and control use proper care, It affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from the want of ordinary care by the defendant 1 Shearman & Redfield... | |
 | Law reports, digests, etc - 1919 - 1026 pages
...ordinary course of things does not happen when those who have the management use proper care, it affords evidence in the absence of explanation by the defendant that the accident came through want of care.' "How completely this applies to the case at bar. Such an accident would... | |
 | Horace Gay Wood - Railroad law - 1885 - 804 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...defendant, that the accident arose from want of care. This ease is cited, with approbation, in Transportation Co. v. Downer, 11 Wall. (US) 129. In Mullen... | |
 | Law reports, digests, etc - 1902 - 1178 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.' This statement of doctrine has met with judicial... | |
 | Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1885 - 732 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, etc., Co., 34 LJ Exch.... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1885 - 944 pages
...or his servants, " and the accident is such as under an ordinary course of things, does not happen, if those who have the management use proper care,...that the accident arose from want of care. Scott v Dock Co., 10 Jur. (NS) 1108; Brigga v. Oliver, 4 Hurlst & Colt 407; Mullen v. St. John, 57 NY 568,... | |
| |
