 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
 | 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 the absence of explanation by the defendants, that the accident arose from the want of ordinary care by the defendant 1 Shearman & Redfield... | |
 | Law reports, digests, etc - 1919 - 1026 pages
...ordinary course of things does not happen when those who have the management use proper care, it affords evidence in the absence of explanation by the defendant that the accident came through want of care.' "How completely this applies to the case at bar. Such an accident would... | |
 | Law reports, digests, etc - 1885 - 1062 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 rule is sustained in numerous cases, many of which are cited in the brief of counsel for plaintiff.... | |
 | Horace Gay Wood - Railroad law - 1885 - 804 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. This ease is cited, with approbation, in Transportation Co. v. Downer, 11 Wall. (US) 129. In Mullen... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1885 - 944 pages
...and the accident is such as under an 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. Scott v Dock Co., 10 Jur. (NS) 1108; Brigga v. Oliver, 4 Hurlst & Colt 407; Mullen v. St. John, 57... | |
 | Francis Taylor Piggott - Torts - 1885 - 448 pages
...as in the ordipresumed to nary course of things does not happen if those who have the erespons1 e. management use proper care, it affords reasonable...defendant that the accident arose from want of care." On this principle the opinion was 5 Ex: 787. expressed in Skinner v. London and Brighton Ry. Co., that... | |
 | Reginald Godfrey Marsden - Collisions at sea - 1885 - 616 pages
...seem that these remarks Collision between a ship under way and another at anchor. care, it affords reasonable evidence, in the absence of explanation...defendant, that the accident arose from want of care." In Moffatt v. Bateman (/), it was held that the principle of Scott v. London and St. Katherine's Dock... | |
 | Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1885 - 732 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 the want of care." Scott v. London, etc., Co., 34 LJ Exch.... | |
 | Law reports, digests, etc - 1890 - 1134 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." There is no occasion to consider whether the rule, as above stated, needs qualification or not. There... | |
 | Law reports, digests, etc - 1919 - 926 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.' " [4] But apart from the maxim referred to, we think there Is evidence In the case from which the jury... | |
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