 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 Oklahoma Law Journal - Page 5311907Full view - About this book
 | Law reports, digests, etc - 1869 - 1032 pages
...in the ordinary course of things, does not happen to those who have the management of machinery and use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care." But that case also differs from die present... | |
 | North Carolina. Supreme Court - Law reports, digests, etc - 1905 - 922 pages
...course of things, does not happen if those who have the management use the proper care, it affords reasonable evidence, in the absence of explanation...defendant, that the accident arose from want of care." The limitations governing the application of the rule are thus stated by Wigmore. (Sec. 2509). "(1)... | |
 | Law - 1881 - 572 pages
...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, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care." [DENMAN, J. That was the case of an inanimate... | |
 | Law - 1881 - 572 pages
...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, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care." [DENMAÎÎ, J. That was the case of au inanimate... | |
 | Victoria. Supreme Court - Law reports, digests, etc - 1871 - 380 pages
...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, it affords reasonable...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 an officer of the... | |
 | Law - 1871 - 874 pages
...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, it affords reasonable...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 Appeals of New... | |
 | Law - 1917 - 510 pages
...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, it affords reasonable...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 train,... | |
 | Law - 1898 - 562 pages
...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, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.' In those words it is approved in 1895 in Shafer... | |
 | Francis Wharton - Negligence - 1874 - 960 pages
...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, it affords reasonable evidence, in the absence of explanation by the defendBOOK I.] PROVINCES OF COURT AND JURY. [§ 423. § 423. Contributory negligence, — burden on... | |
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