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
 | 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... | |
 | 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... | |
 | 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... | |
 | 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... | |
 | 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... | |
 | 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... | |
 | 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... | |
 | 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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