 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 Oklahoma Law Journal - Page 5311907Full view - About this book
 | Melville Madison Bigelow - Torts - 1875 - 808 pages
...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, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care. The learned Chief Justice added that be and... | |
 | Law reports, digests, etc - 1918 - 2060 pages
...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...defendant, that the accident arose from want of care." • The plaintiffs' statement sufficiently states a cause of action, and defendant's motion is therefore... | |
 | Law reports, digests, etc - 1881 - 846 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 this was in reference to a case where some... | |
 | Edmond Robert Turner - Agency (Law) - 1882 - 210 pages
...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, it affords reasonable...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 the action, but... | |
 | United States. Circuit Court (6th Circuit), William Searcy Flippin - District courts - 1882 - 836 pages
...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, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident aruse from want of care." To the same effect are many other cases. In... | |
 | Nathaniel Cleveland Moak - Law reports, digests, etc - 1882 - 896 pages
...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, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care." [DKNMAN, J.: That was the case of an inanimate... | |
 | Law - 1883 - 572 pages
...servants, and the accident is such as, iu the ordinary course of things, does not happen if those who have the management use proper care, it affords reasonable...defendant, that the accident arose from want of care. This case is cited, with approbation, in Transportation Co. v. Downer, 11 Wall. 129. In Mullen v. St.... | |
 | Edmund B. Ivatts - Carriers - 1883 - 1168 pages
...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, it affords reasonable evidence, in the absence of explanation by the Defendants, that the accident arose from want of care.' " Judgment against the Company. — Tried in... | |
 | United States. Supreme Court - Law reports, digests, etc - 1884 - 966 pages
...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 affords reasonable...defendant, that the accident arose from want of care." So in Curtía v. А R. Co., 18 NY, 543, the Court of Appeals of New York held that the mere fact that... | |
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