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
 | Frederick Pollock - 1894 - 842 pages
...v. Mayor, 11 Id. 432; Vincent ยป. Cook, 4 Hun, 818; Robinson v. NY Cent. etc. R. Co., 65 Barb. 155. 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,... | |
 | Vermont. Supreme Court - 1894 - 786 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 the want of care.' Scott v. London, etc., Docks Co., 3 Hurl.... | |
 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1894 - 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, it affords reasonable evidence for the jury in the absence of explanation by the defendant, that the accident arose from want of proper... | |
 | Thomas Beven - 1895 - 1072 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 care."3 This principle appears to cover the two cases of Hammack v. White' and Byrne v. Boadle.3 There... | |
 | 1897 - 830 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... | |
 | William John Tossell - 1918 - 744 pages
...management of the defendant, 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." Cincinnati Trac. Co. v. IJolzenlamp, 74 Ohio... | |
 | William John Tossell - 1905 - 832 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 of negligence in the absence of an explanation by the defendant, that the accident arose from want... | |
 | 1895 - 1200 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, it affords reasonable evidence of explanation by the defendant that the accident arose from want of care. Scott v. Docks Co., 10 Jur.... | |
 | Burr W. Jones - 1896 - 718 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. " " The rule laid down in the foregoing cases grows out of the peculiar relation between the carrier... | |
 | New York (State). Supreme Court. Appellate Division - 1898 - 766 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." The circumstances of the occurrence giving rise to this action are of the most unusual character. A... | |
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