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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... "
The American and English Railroad Cases: A Collection of All Cases ... - Page 172
1899
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North Carolina Reports: Cases Argued and Determined in the ..., Volume 140

North Carolina. Supreme Court - Law reports, digests, etc - 1905 - 922 pages
...things, does not happen if those who have the management use the proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care." The limitations governing the application of the rule are thus stated by Wigmore. (Sec....
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The American Law Register, Volume 10

Law - 1871 - 874 pages
...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 proper care,...explanation by the defendant, that the accident arose from want of care." So in Ourtis v. The Rochester and Syracuse Railroad Company, 18 NY 543, the Court of...
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The Australian Jurist Reports: Supreme Court of the Colony of Victoria, Volume 1

Victoria. Supreme Court - Law reports, digests, etc - 1871 - 380 pages
...defendant or his servant, and the accidents 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 want of care." Now, that was a case in which the negligence proved was that the plaintiff, who was...
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Reports of Cases Argued and Determined in the Supreme Court of Ohio, Volume 74

Ohio. Supreme Court - Law reports, digests, etc - 1906 - 660 pages
...have injured any one, is enough to make out a presumption of negligence. When a thing which causes the injury is shown to be under the management of the...explanation by the defendant, that the accident arose from want of care." The following cases selected at random from a much longer list, will serve to illustrate...
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The Central Law Journal, Volume 84

Law - 1917 - 510 pages
...(7) "The doctrine of res ipsa loquitur does not apply with the same fullness and weight In is this: "When a thing which causes injury is shown to be under...explanation by the defendant, that the accident arose from want of care."8 If a passenger in the train of a common carrier is injured by the derailment of the...
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A Treatise on the Law of Negligence

Francis Wharton - Negligence - 1874 - 960 pages
...of the defendant or his servants, and the accident is such as in the ordinary course does not happen if those who have the management use proper care,...explanation by the defendant, that the accident arose from the want of proper care.' The burden of proof on the issue of negligence is not changed by this rule....
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 245-246

Law reports, digests, etc - 1918 - 2060 pages
...have injured any one, is enough to make out a presumption of negligence. When a thing which causes the injury is shown to be under the management of the...explanation by the defendant, that the accident arose from want of care." • The plaintiffs' statement sufficiently states a cause of action, and defendant's...
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A Treatise on the Employers' Liability Act, 1880: 43 & 44 ..., Volume 945

Edmond Robert Turner - Agency (Law) - 1882 - 210 pages
...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 proper care,...explanation by the defendant that the accident arose from want of care." The learned judge said that under the old law there would have been a good defence to...
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Reports of Cases Argued and Determined in the Superior Court of ..., Volume 48

New York (State). Superior Court (New York), James Clark Spencer, Samuel Jones - Law reports, digests, etc - 1883 - 646 pages
...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 proper care,...explanation by the defendant, that the accident arose from want of care." The learned counsel for appellant disagrees to these propositions only in saying that...
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Albany Law Journal, Volume 26

Law - 1883 - 572 pages
...defendant or his servants, and the accident is such as, iu 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 want of care. This case is cited, with approbation, in Transportation Co. v. Downer, 11 Wall. 129....
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