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 301906Full view - About this book
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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.... | |
| 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... | |
| 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... | |
| 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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