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
| Reginald Godfrey Marsden - Collisions at sea - 1885 - 616 pages
...which fell and injured the plaintiff) " is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary...happen if those who have the management use proper Elysia, 4 Asp. Mar. Law Cas. 540; sion, and under their control, some(A) See per Sir J. Hanuen in The... | |
| Francis Taylor Piggott - Torts - 1885 - 448 pages
...as in the ordipresumed to nary course of things does not happen if those who have the erespons1 e. management use proper care, it affords reasonable...defendant that the accident arose from want of care." On this principle the opinion was 5 Ex: 787. expressed in Skinner v. London and Brighton Ry. Co., that... | |
| Law reports, digests, etc - 1915 - 1106 pages
...evidence of negligence. But where the thing is shown to be under the management of the defendant or He servants, and the accident is such as, in the ordinary...defendant, that the accident arose from want of care." Howscr v. C. & P. RR Co., 80 Md. 146, 30 Atl. 906, 27 LR A. 154, 45 Am. St. Rep. 332; Deoola v. Cowan,... | |
| Law reports, digests, etc - 1890 - 1134 pages
...& C. 596, as follows: "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." There is no occasion to consider whether the rule, as above stated, needs qualification or not. There... | |
| Law reports, digests, etc - 1918 - 1234 pages
...generally approved definition: "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...of explanation by the defendant, that the accident aroso from want of care." Scott v. London Docks Co., 2 H. & C. 596. When the plaintiff gave evidence... | |
| Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1886 - 780 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 ; Briggs v. Oliver, 4 Hurl. & Col. 407 ; Mullen v. St. John, 57 NY 568,... | |
| Law reports, digests, etc - 1894 - 1150 pages
...an accident, and the thing causing the accident is shown to be under the management of defendant and bis servants, and the accident is such as, in the...if those who have the management use proper care, the happening of the accident affords evidence, in the absence of evidence to the contrary, that it... | |
| Law reports, digests, etc - 1917 - 1194 pages
...upon the principle that, "Where a thing Is shown to be under the management of the defendant and his servants, and the accident is such as in the ordinary...those who have the management use proper care, It offers reasonable evidence, in the absence of explanation by the defendant, that the accident arose... | |
| Law reports, digests, etc - 1912 - 1148 pages
...accident is such as, in the ordinary course of things, does not happen, if those who have the proper management use proper care, it affords reasonable...defendant, that the accident arose from want of care." This was said in a case, not between master and servant, but where some crossties fell from a passing... | |
| Law reports, digests, etc - 1913 - 1134 pages
...and the accident is such as, in the ordinary course of things, does not happen if those who have tUe management use proper care, it affords reasonable...de-fendant, that the accident arose from want of care." And among the American cases cited and relied upon by the court was the case of Cummings v. National... | |
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