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
| Frederick Pollock - Torts - 1890 - 694 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 (e) Carpue v. London $ Brighton $ SCR Co. (1850) 5... | |
| John Lewis - Corporation law - 1890 - 816 pages
...(meaning the thing which caused the injury) isshown 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 absense of explanation by the defendant, and that the accident arose from want of care." In the... | |
| Reginald Godfrey Marsden, John William Mansfield - Collisions at sea - 1891 - 716 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...defendant, that the accident arose from want of care." In Mqffatt v. Bateman (e), it was held that the principle of Scott v. London and St. JTat/icrine's... | |
| David Sutherland - India - 1891 - 818 pages
...of negligence. •Bat, «hen the thing is shown to be under "lie management of the defendant or his "servants, and the accident is such as, in the 'ordinary...use " proper care, it affords reasonable evidence, *m the absence of explanation by the de" tendant, that the accident arose from want •of care." On... | |
| Seymour Dwight Thompson - Electric engineering - 1891 - 576 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,...reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care. ' " The principle is of special application... | |
| Missouri. Courts of Appeals - Law reports, digests, etc - 1891 - 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, it affords reasonable evidence, in the absence of explananation by the defendant, that the accident arose from want of care." The argument... | |
| Illinois. Appellate Court, James Bolesworth Bradwell - Law reports, digests, etc - 1892 - 732 pages
...upon reasoning like this : 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. For authorities as to the application of the rule, Sec. 2, Thomp. on Neg. 1227, etseq. If that rnle... | |
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