 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 - 1893 - 1172 pages
...ordinary course of things, does not happen If those who have the management use proper pare, It affords reasonable evidence. In the absence of explanation...defendant, that the accident arose from want of care. Shear. & R. Neg. 8 60. Inasmuch as counsel for respondent at the ,>ral argument stated that he relied... | |
 | Albert Parsons - Liability for railroad accidents - 1893 - 244 pages
...(1890). 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." When it is doubtful whether the nature of the... | |
 | Vermont. Supreme Court - Law reports, digests, etc - 1894 - 786 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. London, etc., Docks Co., 3 Hurl. & C. 596; and see, to the same effect,... | |
 | Frederick Pollock - Torts - 1894 - 842 pages
...432; Vincent c. Cook, 4 Hun, 818; Robinson v. NY Cent. etc. R. Co., 66 Barb. 155. 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." Therefore if I am lawfully and as of right... | |
 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - Law reports, digests, etc - 1894 - 694 pages
...in the means, appliances, men or apparatus employed by such carrier in the transporation, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from the want of proper care. Hence, the rule is well settled that in an action by a passenger for personal... | |
 | William John Tossell - Law reports, digests, etc - 1918 - 748 pages
...servants, and the accident is such that 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." See Simon-Reigel Cigar Co. v. Battery Co. 20 Misc. 598 [46 NY Supp. 416.]. The syllabus is: "Where... | |
 | Law reports, digests, etc - 1897 - 830 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." In the case at bar the thing which obstructed the passage in the car was evidently the personal baggage... | |
 | Thomas Beven - Negligence - 1895 - 1072 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."3 This principle appears to cover the two cases... | |
 | Law reports, digests, etc - 1895 - 1200 pages
...things, does not happen if those who have the management use proper care, it affords reasonable evidence of explanation by the defendant that the accident arose from want of care. Scott v. Docks Co., 10 Jur. (NS) 1108; Briggs v. Oliver, 4 Hurl. & C. 407; Mullen v. St. John, 57 NT... | |
 | William John Tossell - Law reports, digests, etc - 1905 - 832 pages
...have the management use proper care, it affords reasonable evidence of negligence in the absence of an explanation by the defendant, that the accident arose from want of care." Scott v. London & St. Catherine Docks Co., 3 Hurlstone and Coltman, 596. This principle seems to have... | |
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