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
 | Abraham Clark Freeman - 1889 - 996 pages
...defendant or his servants, and the accident is euch as, in the ordinary course of things, docs 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. London etc. DocTcs Co., 3 Hurl. &... | |
 | Seymour Dwight Thompson - 1889 - 1428 pages
...of things, docs not happen if those who have the management used proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care." l In view of this principle, the English judges have concluded that the question whether the mere fact... | |
 | Frederick Pollock - 1890 - 694 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,...the defendants, that the accident arose from want of (e) Carpue v. London $ Brighton $ SCR Co. (1850) 5 Ex. 787. JZ. Co. (1844) 6 QB 747, 751, 13 (/) Scott... | |
 | 1890 - 772 pages
...of things, does not happen if those who have the mana" gement use propcr care, it affords reasonable evidence, in " the absence of explanation by the defendants, that the " accident arose from want of care. " On a objecté que la prouve de l'arrangement entre le capitaine Bodden et Mr. Ewing ne pouvait se... | |
 | John Lewis - 1890 - 816 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 absense of explanation by the defendant, and that the accident arose from want of care." In the... | |
 | Seymour Dwight Thompson - 1891 - 576 pages
...defendant 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,...defendants, that the accident arose from want of care. ' " The principle is of special application in cases of bailment, and in other like cases, where a... | |
 | 1891 - 774 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." In the case at bar the thing which obstructed... | |
 | Reginald Godfrey Marsden, John William Mansfield - 1891 - 716 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." In Mqffatt v. Bateman (e), it was held that... | |
 | Missouri. Courts of Appeals - 1891 - 780 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, it affords reasonable evidence, in the absence of explananation by the defendant, that the accident arose from want of care." The argument... | |
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