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
| Insurance, Atomic hazards - 1974 - 575 pages
...665,667 (Ex. 1865): But where the thing is shewn 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. 17. See eg, Mack v. Reading Co., 377 Pa. 135,... | |
| Alabama. Supreme Court - Law reports, digests, etc - 1891 - 764 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,'...defendant, that the accident arose from want of care." It may be that the charge given had a tendency to mislead the jury; and it may be that some explanation,... | |
| Alabama. Supreme Court - Law reports, digests, etc - 1917 - 800 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. So also : 'Where it is shown that the accident is such that its real cause may be the... | |
| Minnesota. Supreme Court - Law reports, digests, etc - 1898 - 622 pages
...control 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,...defendant, that the accident arose from want of care. Huey v. Gahlenbeck, 121 Pa. St. 238; 6 Am. St. Rep. 792, and note, 15 Atl. 520. As applied to the facts... | |
| Ohio. Supreme Court - Law reports, digests, etc - 1890 - 778 pages
...that, where the instrument or machinery 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. But instances are not unfrequent of steam-boiler explosions where there has been no want of ordinary... | |
| Law reports, digests, etc - 1901 - 228 pages
...entitled to recover damages. When a 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. A train stopping so as to throw people about comes within this rule. It does not follow, because no... | |
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