 J., observed that in order for it to apply "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...  The Theory and Principles of Tort Law - Page 107by Thomas A. Street - 1999 - 500 pagesLimited preview - About this book
 | 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...defendants, that the accident arose from want of care." But that case also differs from die present in this respect, that the injury was caused by bags of... | |
 | Great Britain. Privy Council. Judicial Committee, Edmund F. Moore - 1864 - 596 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,...reasonable evidence, in the absence of explanation by the («) 3 H. 4 C. 596. Defendant, that the accident arose from want of care." Now, that was a case in... | |
 | 1881 - 572 pages
...defendant or his servants, and the accident is such us in the ordinary course of things does not happen if those who have the management use proper care,...defendants, that the accident arose from want of care, " — was applied to a bale of goods slung from a crane overhanging a public thoroughfare falling through... | |
 | 1881 - 572 pages
...defendant or his servants, and the accident is such из iu the ordinary course of things does not bap)>eii if those who have the management use proper care, it affords reasonable evidence, iu the absence of explanation by the defendants, that the accident arose from want of care, " — was... | |
 | 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,...reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care." So in Ourtis v. The Rochester and Syracuse Railroad... | |
 | Victoria. Supreme Court - 1871 - 380 pages
...under the management of the defendant, the accident is such aa in the ordinary course does not happen if ^those who have the management use proper care, it affords reasonable evidence, in the absence of explanation, that the accident arose from want of care. Seoll v. London Dock Company,... | |
 | New York (State). Court of Appeals, Hiram Edward Sickels - 1872 - 790 pages
...management of the 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 evidence that the accident arose from want of care. (Scott v. Lond. Dock Co., 3 Hurlst. & Colt., 596.) It is... | |
 | 1898 - 562 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,...defendants, that the accident arose from want of care.' In those words it is approved in 1895 in Shafer v. Lacock. 168 Pa. St. 497, 32 All. Rep. 44, a case... | |
 | Francis Wharton - 1874 - 960 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,...reasonable evidence, in the absence of explanation by the defendBOOK I.] PROVINCES OF COURT AND JURY. [§ 423. § 423. Contributory negligence, — burden on... | |
 | 1917 - 512 pages
...management of the 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,...reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care."8 If a passenger in the train of a common carrier... | |
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