 | Law - 1884 - 554 pages
...based its decision upon the same principle of human experience. " But wheu the thing is shown to be under the management of the defendant or his servants,...reasonable evidence, in the absence of explanation by the defendant that the accident arose from a want of care." The case of Gee v. Metropolitan IÎ. Co., L.... | |
 | John Mews - Law reports, digests, etc - 1884 - 1048 pages
...Ei. Ch. liut where the instrument or machinery is shewn to be under the management of theUefendant or his servants, and the accident is such as in the...reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care. Ib. hi an action against a dock company for injury... | |
 | Herbert Broom, Herbert Francis Manisty, Charles Francis Cagney - Legal maxims - 1884 - 1078 pages
...part of the defendants' servants to go to the jury, on the ground that where the thing is shown to be under the management of the defendant or his servants,...use proper care, it affords reasonable evidence, in the absence of explanatioii by the defendants, that the accident arose from want of care (r) ; similarly,... | |
 | Law reports, digests, etc - 1884 - 978 pages
...evidence of negligence ; but where the thing is shown to be under the management of the defendant or h is servants, and the accident is such as in the ordinary...reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care." So in Curtis v. liochester & Syracuse R. Co.,... | |
 | Law reports, digests, etc - 1906 - 1164 pages
...as in the ordinary course of tilings does not happen if those who have such management and control use proper care, It affords reasonable evidence, in...explanation by the defendants, that the accident arose from the want of ordinary care by the defendant 1 Shearman & Redfield on Negligence, § 50. Under such circumstances... | |
 | Law reports, digests, etc - 1919 - 1020 pages
...of things does not happen if those who have the management, with proper care, it affords roasonable 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 ol the fan in question... | |
 | United States. Supreme Court - Law reports, digests, etc - 1884 - 966 pages
...the court said: "There must be reasonable evidence of negli gence: 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 ordi nary course of things does not happen if those who have the management use proper care, it... | |
 | Law reports, digests, etc - 1919 - 1026 pages
...train), said: 'There must be reasonable evidence of negligence, but, when 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 when those who have the management use proper care, it... | |
 | Law reports, digests, etc - 1914 - 1230 pages
...accident is such as in the ordinary course of events does not happen if those who have the control or management use proper care, it affords reasonable evidence, in the absence of explanation by the carrier, that the accident arises from want of care. Gilmore v. Brooklyn Heights Ry. Co., 6 App. Dlv.... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1885 - 912 pages
...: " But where the thing is shown to be under Terre Haute and Indianapolis Railroad Company v. Back. the management of the defendant or his servants, and...explanation by the defendants that the accident arose from the want of care. Scott v. London, etc., Co., 3 H. & C. (Exch.) 596. Of the case cited, a judge, perplexed... | |
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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... 
