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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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A Treatise on the Law of Carriers of Passengers, Volume 2

Norman Fetter - 1897 - 874 pages
...defendant or his servants, and the accident be 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 by defendant, that the accident arose from want of care." 4 This principle...
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Reports of Cases Determined in the Courts of Appeal of the State ..., Volume 90

1929 - 954 pages
...defendants or either of them, 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 a want of care," and further: "The effect of the doctrine when applied to passenger cases, is that...
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Reports of Cases Determined in the District Courts of Appeal of ..., Volume 40

1920 - 944 pages
...of things does not happen if those who have the management, with proper care, it affords reasonable evidence in the absence of explanation by the defendants, that the accident arose from want of care. To apply that doctrine to the case in question, if you find that the falling of the fan in question...
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Reports of Cases Determined in the Courts of Appeal of the State ..., Volume 40

1920 - 944 pages
...of things does not happen if those who have the management, with proper care, it affords reasonable evidence in the absence of explanation by the defendants, that the accident arose from want of care. To apply that doctrine to the case in question, if you find that the falling of the fan in question...
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The State Reports, New South Wales, Volume 3

New South Wales. Supreme Court - 1903 - 788 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 action arose from want of care." This principle has been followed in a number of...
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Selected Materials on Atomic Energy Indemnity and Insurance Legislation

1974 - 584 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. 17. See eg, Mack v. Reading Co., 377 Pa. 135, 103 A. 2d 749 ( 1954). 18. The procedural effect of res...
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Oversight Hearings on Nuclear Energy: Overview of the Major Issues ..., Volume 5

United States. Congress. House. Committee on Interior and Insular Affairs. Subcommittee on Energy and the Environment - 1975 - 216 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. 17. See eg, Mack v. Reading Co., 377 Pa. 135, 103 A. 2d 749 ( 1954). 18. The procedural effect of res...
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Swine Flu Immunization Program: Supplemental Hearings Before the ...

United States. Congress. House. Committee on Interstate and Foreign Commerce. Subcommittee on Health and the Environment - 1976 - 628 pages
...defendant or his servant, 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." [183] The Court of Appeals affirmed the trial...
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District and County Reports: Containing Reports of Cases Decided ..., Volume 7

Pennsylvania. Courts - 1926 - 916 pages
...management of the defendants 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 a want of care." See, also, Fisher v. Ruch, 12 Pa. Superior Ct. 240; Matthews v. Pittsburgh & Lake...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 91

Alabama. Supreme Court - 1891 - 764 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." It may be that the charge given had a tendency...
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