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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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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1884 - 746 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. A clause in a bill of lading which provides that the carrier who is legally liable for any damage shall...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 96

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1884 - 684 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,...explanation by the defendants, that, the accident arose from the want of care." Scott v. London, dc., Co., 3 H. & C. (Exchequer) 596. Of the case cited, a judge,...
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Federal Decisions: Cases Argued and Determined in the Supreme ..., Volume 5

1884 - 978 pages
...defendant or h is 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 Curtis v. liochester & Syracuse R. Co.,...
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The Pacific Reporter, Volume 86

1906 - 1164 pages
...as in the ordinary course of tilings does not happen if those who have such management and control use proper care, It affords reasonable evidence, in...explanation by the defendants, that the accident arose from the want of ordinary care by the defendant 1 Shearman & Redfield on Negligence, § 50. Under such circumstances...
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Albany Law Journal, Volume 29

1884 - 554 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 a want of care." The case of Gee v. Metropolitan IÎ. Co., L....
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Reports of Cases Argued and Decided in the Supreme Court of the ..., Book 20

United States. Supreme Court - 1884 - 966 pages
...defendant or his servants, and the accident is such as in the ordi nary 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 Curtía v. А R. Co., 18 NY, 543, the...
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A Digest of the Reported Decisions of the Courts of Common Law ..., Volume 5

John Mews - 1884 - 1048 pages
...theUefendant 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. Ib. hi an action against a dock company for injury...
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The Pacific Reporter, Volume 181

1919 - 1020 pages
...of things does not happen if those who have the management, with proper care, it affords roasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care. To apply that doctrine to the case in question, if you find that the falling ol the fan in question...
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The Pacific Reporter, Volume 140

1914 - 1230 pages
...accident is such as in the ordinary course of events does not happen if those who have the control or management use proper care, it affords reasonable evidence, in the absence of explanation by the carrier, that the accident arises from want of care. Gilmore v. Brooklyn Heights Ry. Co., 6 App. Dlv....
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A Selection of Legal Maxims: Classified and Illustrated

Herbert Broom, Herbert Francis Manisty, Charles Francis Cagney - 1884 - 1078 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, it affords reasonable evidence, in the absence of explanatioii by the defendants, that the accident arose from want of care (r) ; similarly,...
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