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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 Reports: Containing All Decisions of General ..., Volume 49

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...
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A Treatise on the Law of Railroads, Volume 2

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...
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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 - 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...
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The American Reports: Containing All Decisions of General ..., Volume 51

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....
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Principles of the Law of Torts

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....
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The Canadian Law Times, Volume 5

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...
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Atlantic Reporter, Volume 32

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....
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Atlantic Reporter, Volume 52

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...
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The Atlantic Reporter, Volume 29

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...
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Atlantic Reporter, Volume 102

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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