 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
 | Law reports, digests, etc - 1909 - 1336 pages
...things does not happen if those who have the management of It used proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from a want of care." In 29 Cyc. 590, and 21 Am. & Eng. Ency. of Law, 512, numerous cases are cited In line... | |
 | Law reports, digests, etc - 1916 - 1216 pages
...cases is that, where the thing is shown to be under the control and 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. McNulty v. Ludwig & Co., 153 App. Div. 206, 138 NY Supp. 84-90, and cases there cited. Judgment reversed,... | |
 | Arkansas. Supreme Court - Law reports, digests, etc - 1906 - 664 pages
...causing the injury has been shown to have been caused by or under the management of the defendant or its servants, and the accident is such as in the ordinary...use proper care, it affords reasonable evidence, in the absence of explanation, that the accident arose from want of care. "9. If you find from the evidence... | |
 | Thomas Gaskell Shearman, Amasa Angell Redfield - Negligence - 1888 - 720 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,...explanation by the defendant, that the accident arose from a want of care.9 Thus, " a explanatory circumstances, negligence will be presumed, and the burden is... | |
 | Arkansas. Supreme Court - Law reports, digests, etc - 1920 - 676 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,...explanation by the defendant, that the accident arose from a want of care.' Tested by this rule, no question of contractual relation could ever form an element... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - Law reports, digests, etc - 1888 - 770 pages
...this is not a case in which "the thing 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 care ; " and hence that there is no presumption that the defendant's employees were negligent. There is... | |
 | Law reports, digests, etc - 1888 - 912 pages
...Condit Transp. Co., §g 12, 13. § 4. If the boiler explodes under the management of the company or its servants, and the accident is such as, in the ordinary...reasonable evidence, in the absence of explanation by the company, that the accident arose from want of care. The presumption originates from the nature of the... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1889 - 996 pages
...defendant or his servants, and the accident is euch as, in the ordinary course of things, docs not happen if those who have the management use proper care,...accident arose from want of care ": Scott v. London etc. DocTcs Co., 3 Hurl. & 0. 696; and see, to the same effect, Kearney v. Railway Co., LR 5 QB 411;... | |
 | Missouri. Courts of Appeals - Law reports, digests, etc - 1889 - 758 pages
...defendant, 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,...defendant, that the accident arose from want of care. Dougherty v. Jiailroad, supra. ( 6 ) At all events, defendant's employes and rolling-stock operated... | |
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