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
 | William John Tossell - 1911 - 774 pages
...ment 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. The act relied upon as a proximate cause of the... | |
 | India, Tarapada Banerji - 1896 - 738 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 — Scott v. The London Dock Company, 3 H. and... | |
 | New York (State). Supreme Court. Appellate Division - 1905 - 778 pages
...accident is such as in the ordinary course of things does not happen if those who have such control and management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care. This was all that was necessary to warrant the... | |
 | 1896 - 920 pages
...and the accident is such as in the ordinary course of things does not happen, if those who have tbe management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from a want of care." See also, on this point, Thomp. Neg. pp. 1227-1235... | |
 | 1896 - 772 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 explanation bv the defendant, that the accident arose from want of care." T:ic doctrine... | |
 | William John Tossell - 1905 - 892 pages
...defendant or hia 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 explanation, that the accident arose from want of care." This doctrine has been applied... | |
 | James Henry Deering - 1896 - 584 pages
...management of 'the defendant, and the accident is euch 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 an explanation by the defendant, that the accident arose from want of caire, and no... | |
 | William Weeks Morrill - 1897 - 986 pages
...managed by 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." Scott v. London Dock Co., 3 Hurlst. & Colt,... | |
 | William Weeks Morrill - 1897 - 966 pages
...managed by 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." Scott v. London Dock Co., 3 Hurlst. & Colt,... | |
 | Reginald Godfrey Marsden - 1897 - 772 pages
...under way and another at anchor. 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 Mojfatt v. Bateman (z), it was held that... | |
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