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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... "
Reports of Cases Determined in the Courts of Appeal of the State of California - Page 189
1913
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North Carolina Reports: Cases Argued and Determined in the Supreme Court of ...

North Carolina. Supreme Court - Law reports, digests, etc - 1905
...or his servants and the accident is such that, as in the ordinary course of things, does not happen if those who have the management use the proper care,...explanation by the defendant, that the accident arose from want of care." The limitations governing the application of the rule are thus stated by Wigmore. (Sec....
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The American Law Register, Volume 10

Law - 1871
...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 Company, 18 NY 543, the Court of...
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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
...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 proved was that the plaintiff, who was...
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Reports of Cases Argued and Determined in the Supreme Court of Ohio, Volume 74

Ohio. Supreme Court - Law reports, digests, etc - 1906
...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." In Richmond Ry., etc., Co. v. Hudgins, 100 Va., 409, the plaintiff's horse took fright...
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A Treatise on the Law of Negligence

Francis Wharton - Electronic books - 1874 - 889 pages
...ordinary course 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 the want of proper care.' The burden of proof on the issue of negligence is not changed by this rule. The jury...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 245-246

Law reports, digests, etc - 1918
...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." • The plaintiffs' statement sufficiently states a cause of action, and defendant's...
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A Treatise on the Employers' Liability Act, 1880: 43 & 44 ..., Volume 945

Edmond Robert Turner - Agency (Law) - 1882 - 182 pages
...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." The learned judge said that under the old law there would have been a good defence to...
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Reports of Cases Argued and Determined in the Circuit and District ..., Volume 2

United States. Circuit Court (6th Circuit), William Searcy Flippin - District courts - 1882
...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 aro e from want of care. 13. COLLISION is DAYLIGHT — PRESUMPTION.— When the collision occur? in...
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Albany Law Journal, Volume 26

Law - 1883
...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. This case is cited, with approbation, in Transportation Co. v. Downer, 11 Wall. 129....
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Reports of Cases Argued and Determined in the Superior Court of ..., Volume 48

New York (State). Superior Court (New York), James Clark Spencer, Samuel Jones - Law reports, digests, etc - 1883
...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." The learned counsel for appellant disagrees to these propositions only in saying that...
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