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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 Southwestern Reporter - Page 29
1905
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

Law reports, digests, etc - 1869 - 1040 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 the absence of explanation by the defendants, that the accident arose from want of care." But that case also differs from die present...
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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 - 608 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 Defendants, that the accident arose from want of care," which rule, we submit, is applicable to the...
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Albany Law Journal, Volume 24

Law - 1881 - 572 pages
...defendant or his servants, and the accident is such us 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 defendants, that the accident arose from want of care, " — was applied to a bale of goods slung from...
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Albany Law Journal, Volume 24

Law - 1881 - 572 pages
...defendant or his servants, and the accident is such из iu the ordinary course of things does not bap)>eii if those who have the management use proper care, it affords reasonable evidence, iu the absence of explanation by the defendants, that the accident arose from want of care, " — was...
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The American Law Register, Volume 10

Law - 1871 - 874 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,...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,...
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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
...under the management of the defendant, the accident is such aa in the ordinary course does not happen if ^those who have the management use proper care, it affords reasonable evidence, in the absence of explanation, that the accident arose from want of care. Seoll v. London Dock Company,...
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Reports of Cases Decided in the Court of Appeals of the State of ..., Volume 46

New York (State). Court of Appeals, Hiram Edward Sickels - Law reports, digests, etc - 1872 - 788 pages
...management of the defendant, and the 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 that the accident arose from want of care. (Scott v. Lond. Dock Co., 3 Hurlst. & Colt., 596.) It is...
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The Central Law Journal, Volume 84

Law - 1917 - 510 pages
...management of the defendant, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care,...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 is injured...
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The Central Law Journal, Volume 46

Law - 1898 - 562 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 defendants, that the accident arose from want of care.' In those words it is approved in 1895 in Shafer...
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A Treatise on the Law of Negligence

Francis Wharton - Negligence - 1874 - 960 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 defendBOOK I.] PROVINCES OF COURT AND JURY. [§ 423. § 423. Contributory negligence, — burden on...
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