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
 | Isaac Grant Thompson - 1885 - 912 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, etc., Co., 3 H. & C. (Exch.) 596. Of the case cited, a judge, perplexed... | |
 | Horace Gay Wood - 1885 - 806 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. This ease is cited, with approbation, in Transportation... | |
 | Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1885 - 732 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 rule is sustained in numerous cases, many... | |
 | Isaac Grant Thompson - 1885 - 944 pages
...or his servants, " and the accident is such as under an 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. Scott v Dock Co., 10 Jur. (NS) 1108; Brigga v.... | |
 | Francis Taylor Piggott - 1885 - 448 pages
...as in the ordipresumed to nary course of things does not happen if those who have the erespons1 e. management use proper care, it affords reasonable evidence in the absence of explanation by the defendant that the accident arose from want of care." On this principle the opinion was 5 Ex: 787.... | |
 | Edward B. Brown - 1885 - 652 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 explanations by the defendant, that the accident arose from want of care. This case... | |
 | 1895 - 1166 pages
...defendants, and the accident is such as, in the ordinary course of things, does not happen if uiose who have the management use proper care, it affords...explanation by the defendants, 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.... | |
 | 1902 - 1164 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." We see no indication of contributory negligence... | |
 | 1894 - 1148 pages
...defendant er 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 the want of care.' Scott v. Docks Co., 3 Hurl. & C. 596. And... | |
 | 1918 - 1238 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 aroso from want of care." Scott v. London Docks Co., 2 H. & C. 596. When... | |
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