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 - 1913 - 1134 pages
...and the accident is such as, in the ordinary course of things, does not happen if those who have tUe management use proper care, it affords reasonable...de-fendant, that the accident arose from want of care." And among the American cases cited and relied upon by the court was the case of Cummings v. National... | |
| Law reports, digests, etc - 1912 - 1148 pages
...accident is such as, in the ordinary course of things, does not happen, if those who have the proper management use proper care, it affords reasonable...defendant, that the accident arose from want of care." This was said in a case, not between master and servant, but where some crossties fell from a passing... | |
| Law reports, digests, etc - 1894 - 1150 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...explanation by the defendant, that the accident arose from the want of care.' Scott v. Docks Co., 3 Hurl. & C. 596. And see, to the sume effect, Kearney v. Railway... | |
| Law reports, digests, etc - 1918 - 1234 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...of explanation by the defendant, that the accident aroso from want of care." Scott v. London Docks Co., 2 H. & C. 596. When the plaintiff gave evidence... | |
| Law reports, digests, etc - 1917 - 1194 pages
...ordinary course of things does not happen if those who have the management use proper care, It offers reasonable evidence, in the absence of explanation...defendant, that the accident arose from want of care" (see leading case of Scott v. London & St. Katherine Docks Co., 3 Huristone & Coltinan, 594) ; but... | |
| Law reports, digests, etc - 1895 - 1166 pages
...defendants, and the accident is such as, in the ordinary course of things, does not happen if uiose who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from a want of care." See, also, on this point, Thomp. Neg. pp.... | |
| Law reports, digests, etc - 1920 - 956 pages
...proper care, and the circumstances surrounding It were such as to create a reasonable probability, in the absence of explanation by the defendant, that the accident arose from want of proper care. Con108 A.-22 sequently, the principle res Ipsa loquitur le applicable. Houston v. Brush... | |
| Law reports, digests, etc - 1902 - 1164 pages
...the elevator and the evidence In the case as to the manner in which the accident happened afforded reasonable evidence, In the absence of explanation by the defendant, that the elevator was started upward after stopping near the fifth floor, and that such starting up was the... | |
| Law reports, digests, etc - 1922 - 1206 pages
...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...the defendant, that the accident arose from want of proper care.' Madden v. Mo. Рас. Ry., 50 Mo. App. 606, 677. The rule is said to be applicable if... | |
| Law reports, digests, etc - 1920 - 1144 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...explanation by the defendant, that the accident arose from a want of care.' Tested by this rule, no question of contractual relation could ever form an element... | |
| |