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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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The Law of Torts: A Treatise on the Principles of Obligations Arising from ...

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...
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American Railroad and Corporation Reports: Being a Collection of ..., Volume 1

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...
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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 - 1891 - 774 pages
...(meaning the thing which causes the injury) 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 the case at bar the thing which obstructed the passage in the car was evidently the personal baggage...
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A Treatise on the Law of Collisions at Sea: With an Appendix Containing 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...
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The American and English Encyclopedia of Law, Volume 16

John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland - Law - 1891 - 1052 pages
...But where the thing is shown to be under the management of the de16 C. of L. — 29 fendant or his 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." See also Priggs v. Oliver,...
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The Weekly Reporter: Appellate High Court, Volume 9

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...
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The Law of Electricity: A Treatise on the Rules of the Law Relating to ...

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...
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Cases Determined in the St. Louis and the Kansas City Courts of ..., Volume 43

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...
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Reports of the Decisions of the Appellate Courts of the State of ..., Volume 8

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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The American and English Encyclopedia of Law, Volume 19

John Houston Merrill, Thomas Johnson Michie, Charles Frederic Williams, David Shephard Garland - Law - 1892 - 1218 pages
...negligence." But he continues, "where the thing is solely under the management of the defendant and 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." Opinion in Scott T>. London etc. Dock. Co.,...
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