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
 | David Sutherland - 1891 - 818 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, *m the absence of explanation by the de" tendant, that the accident arose from want •of care." On... | |
 | Frederick Pollock - 1892 - 760 pages
...Common course of affairs judicially noticed. 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." Therefore if I am lawfully and as of right (g) passing in a place where people are handling heavy goods,... | |
 | Francis Montagu Preston - 1892 - 338 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." 2 This principle has in several cases been applied to railway companies. The fact of a railway carriage... | |
 | Illinois. Appellate Court, James Bolesworth Bradwell - 1892 - 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. For authorities as to the application of the... | |
 | Frank Sumner Rice - 1892 - 832 pages
...defendant or his servants, and the casualty is such as in the ordinary course of tilings does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation, that the casualty arose from want of care. Scott v. London tfe St. K. Docks... | |
 | 1892 - 946 pages
...consequence of which was the happening of the accident. There was reasonable evidence, in the absence of any explanation by the defendants, that the accident arose from want of care on their part. Assuming that the plaintiff was guilty of some negligence himself, the defendants did... | |
 | Albert Parsons - 1893 - 244 pages
...Company, 6 Times LR 192 (1890). 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." When it is doubtful whether the nature of the when negligence doubtoccurrence denotes antecedent negligence... | |
 | Missouri. Courts of Appeals - 1893 - 800 pages
...carrier 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 proper care. Dougherty v. Railroad, 9 Mo. App. 478;... | |
 | Ontario. High Court of Justice - 1893 - 806 pages
...ONTARIO REPORTS. [VOL. Judgment. is/J.^ think, reasonable evidence, in the absence of any Ferguson, J. explanation by the defendants, that the accident arose from want of care on their part. See Scott v. The London and St. Catharine's Docks Co., 3 H. & C. 596, 601. Shearman... | |
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