 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 - 1917 - 1034 pages
...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...explanation by the defendant, that the accident arose from a want of care. So also: 'Where it is shown that the accident is such that its real cause may be the... | |
 | Law reports, digests, etc - 1905 - 1312 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...the absence of explanation by the defendant, that tlie accident arose from want of care." Now, it requires nc argument or proof to establish that an... | |
 | Law reports, digests, etc - 1909 - 1336 pages
...course of things does not happen if those who have the management of It used proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from a want of care." In 29 Cyc. 590, and 21 Am. & Eng. Ency. of Law, 512, numerous cases are cited In line... | |
 | Law reports, digests, etc - 1916 - 1216 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. McNulty v. Ludwig & Co., 153 App. Div. 206, 138 NY Supp. 84-90, and cases there cited. Judgment reversed,... | |
 | Thomas Gaskell Shearman, Amasa Angell Redfield - Negligence - 1888 - 720 pages
...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...explanation by the defendant, that the accident arose from a want of care.9 Thus, " a explanatory circumstances, negligence will be presumed, and the burden is... | |
 | Arkansas. Supreme Court - Law reports, digests, etc - 1920 - 676 pages
...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...explanation by the defendant, that the accident arose from a want of care.' Tested by this rule, no question of contractual relation could ever form an element... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - Law reports, digests, etc - 1888 - 770 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...explanation by the defendant, that the accident arose fro?n want of care." Under this rule it is claimed that from the facts proved, as above stated, the... | |
 | Missouri. Courts of Appeals - Law reports, digests, etc - 1889 - 758 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. Dougherty v. Jiailroad, supra. ( 6 ) At all events, defendant's employes and rolling-stock operated... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1889 - 996 pages
...servants, and the accident is euch as, in the ordinary course of things, docs 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. London etc. DocTcs Co., 3 Hurl. & 0. 696; and see, to the same effect, Kearney v. Railway... | |
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