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" 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 107
by Thomas A. Street - 1999 - 500 pages
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Leading Cases on the Law of Torts Determined by the Courts of America and ...

Melville Madison Bigelow - 1875 - 830 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. The learned Chief Justice added that he and Mr. Justice Mellor had been unable to find in the case...
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A Treatise on the Law of Bailments: Contracts Connected with Custody and ...

Isaac Edwards - 1878 - 738 pages
...of the defendant or his servants, and the accident is such as in the ordinary course docs not happen if those who have the management use proper care, it affords reasonable evidence, in tho absence of explanation by tho defendant, that the accident arose from the want of proper care."3...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 245-246

1918 - 2060 pages
...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." • The plaintiffs' statement sufficiently states...
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The Law Journal Reports, Volume 50, Part 2

1881 - 846 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 this was in reference to a case where some bags of sugar slung from a crane above a public thoroughfare...
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Reports of Cases Decided by the English Courts: With Notes and ..., Volume 29

Nathaniel Cleveland Moak - 1882 - 896 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," — was applied to a bale of goods slung from a crane overhanging a public thoroughfare falling through...
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Reports of Cases Argued and Determined in the Circuit and District ..., Volume 2

United States. Circuit Court (6th Circuit), William Searcy Flippin - 1882 - 836 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 aro e from want of care. 13. COLLISION is DAYLIGHT — PRESUMPTION.—...
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A Treatise on the Employers' Liability Act, 1880: 43 & 44 ..., Volume 945

Edmond Robert Turner - 1882 - 210 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." The learned judge said that under the old law...
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Carriers' Law: Relating to Goods and Passenger Traffic on Railways, Canals ...

Edmund B. Ivatts - 1883 - 1168 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.' " Judgment against the Company. — Tried in the Court of Exchequer (Ireland), Jan. 26, 1877. — From...
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Reports of Cases Argued and Determined in the Superior Court of ..., Volume 48

New York (State). Superior Court (New York), James Clark Spencer, Samuel Jones - 1883 - 646 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." The learned counsel for appellant disagrees...
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Albany Law Journal, Volume 26

1883 - 572 pages
...defendant or his servants, and the accident is such as, iu 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. This case is cited, with approbation, in Transportation...
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