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" 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 happen if those who have the management use... "
The Pacific Reporter - Page 30
1906
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

Law reports, digests, etc - 1869 - 1032 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...explanation by the defendants, that the accident arose from want of care." But that case also differs from die present in this respect, that the injury was caused...
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Reports of Cases Heard and Determined by the Judicial Committee ..., Volume 6

Great Britain. Privy Council. Judicial Committee, Edmund F. Moore - Law reports, digests, etc - 1864 - 596 pages
...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 by the («) 3 H. 4 C. 596. Defendant, that the accident arose from want of care." Now, that was a case in...
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Albany Law Journal, Volume 24

Law - 1881 - 572 pages
...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...explanation by the defendants, that the accident arose from want of care." [DENMAÎÎ, J. That was the case of au inanimate object, a bale of goods ; and there...
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Albany Law Journal, Volume 24

Law - 1881 - 572 pages
...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...explanation by the defendants, that the accident arose from want of care." [DENMAN, J. That was the case of an inanimate object, a bale of goods ; and there is...
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The American Law Register, Volume 10

Law - 1871 - 874 pages
...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 by the defendant, that the accident arose from want of care." So in Ourtis v. The Rochester and Syracuse Railroad...
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The Australian Jurist Reports: Supreme Court of the Colony of Victoria, Volume 1

Victoria. Supreme Court - Law reports, digests, etc - 1871 - 380 pages
...accidents 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 by the defendant, that the accident arose from want of care." Now, that was a case in which the negligence...
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The Central Law Journal, Volume 46

Law - 1898 - 562 pages
...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...explanation by the defendants, that the accident arose from want of care.' In those words it is approved in 1895 in Shafer v. Lacock. 168 Pa. St. 497, 32 All....
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The Central Law Journal, Volume 84

Law - 1917 - 510 pages
...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 by the defendant, that the accident arose from want of care."8 If a passenger in the train of a common carrier...
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A Treatise on the Law of Negligence

Francis Wharton - Negligence - 1874 - 960 pages
...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 by the defendBOOK I.] PROVINCES OF COURT AND JURY. [§ 423. § 423. Contributory negligence, — burden on...
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Leading Cases on the Law of Torts Determined by the Courts of America and ...

Melville Madison Bigelow - Torts - 1875 - 830 pages
...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...explanation by the defendants, that the accident arose from want of care. The learned Chief Justice added that he and Mr. Justice Mellor had been unable to find...
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