 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 - 1888 - 912 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 company, that the accident arose from want of care. The presumption originates from the nature of the... | |
 | Frederick Pollock - Torts - 1890 - 694 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 (e) Carpue v. London $ Brighton $ SCR Co. (1850) 5... | |
 | Reginald Godfrey Marsden, John William Mansfield - Collisions at sea - 1891 - 716 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." In Mqffatt v. Bateman (e), it was held that the principle of Scott v. London and St. JTat/icrine's... | |
 | Seymour Dwight Thompson - Electric engineering - 1891 - 576 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 evidence, in the absence of explanation by the defendants, that the accident arose from want of care. ' " The principle is of special application... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1892 - 1038 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." It inn _M In1 that the charge given had a tendency to mislead the jury; and it may be that some explanation,... | |
 | Illinois. Appellate Court, James Bolesworth Bradwell - Law reports, digests, etc - 1892 - 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...defendant, that the accident arose from want of care. For authorities as to the application of the rule, Sec. 2, Thomp. on Neg. 1227, etseq. If that rnle... | |
 | John Houston Merrill, Thomas Johnson Michie, Charles Frederic Williams, David Shephard Garland - Law - 1892 - 1218 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." Opinion in Scott T>. London etc. Dock. Co.,... | |
 | Francis Montagu Preston - Railroad companies - 1892 - 338 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." 2 This principle has in several cases been... | |
 | Missouri. Courts of Appeals - Law reports, digests, etc - 1893 - 800 pages
...servants, 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 defendant, that the accident arose from want of proper care. Dougherty v. Railroad, 9 Mo. App. 478; sc, affirmed, 81 Mo. 325, 329, and cases cited.... | |
| |
