 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
 | William John Tossell - Law reports, digests, etc - 1911 - 774 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...defendant, that the accident arose from want of care. The act relied upon as a proximate cause of the injury both in the petition and the evidence is the... | |
 | India, Tarapada Banerji - 1896 - 738 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 — Scott v. The London Dock Company, 3 H. and C. 596 ; 34 LJ Exch. 220. (c). The mere happening of... | |
 | New York (State). Supreme Court. Appellate Division - Law reports, digests, etc - 1905 - 778 pages
...accident is such as in the ordinary course of things does not happen if those who have such control and management use proper care, it affords reasonable...defendant, that the accident arose from want of care. This was all that was necessary to warrant the submission of the case to the jury, as the question... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1896 - 1066 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... | |
 | Law reports, digests, etc - 1896 - 916 pages
...and the accident is such as in the ordinary course of things does not happen, if those who have tbe management use proper care, it affords reasonable...explanation by the defendant, that the accident arose from a want of care." See also, on this point, Thomp. Neg. pp. 1227-1235 ; Cooley, Torts, 706; and 16 Am.... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1896 - 1026 pages
...'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 evidence, in the absence of explanation by the 1SS defendant, that the accident arose from want of care': Scott v. Dock Co., 10 Jur., K S., 1108;... | |
 | Burr W. Jones - Civil procedure - 1896 - 718 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. " " The rule laid down in the foregoing cases... | |
 | William John Tossell - Law reports, digests, etc - 1905 - 892 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. "A high, if not the highest, degree of care... | |
 | New York (State). Supreme Court. Appellate Division - Law reports, digests, etc - 1898 - 766 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." The circumstances of the occurrence giving rise... | |
 | William Weeks Morrill - Electric utilities - 1897 - 966 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...defendant, that the accident arose from want of care." Scott v. London Dock Co., 3 Hurlst. & Colt, 596; Bridges v. North London Sy. Co., LR 6 QB 377, 391;... | |
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