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" 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... "
Reports of Cases Determined in the Courts of Appeal of the State of California - Page 189
1913
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Law and Business ...: Introduction

William Homer Spencer - Commercial law - 1911 - 702 pages
...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 defendant, that the accident arose from want of care"- — was applied to a bale of goods slung from a crane overhanging a public thoroughfare...
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The Southeastern Reporter, Volume 73

Law reports, digests, etc - 1912 - 1142 pages
...management of the defendant and the accident Is such that in the ordinary course of things does not happen If those who have the management use the proper care,...explanation by the defendant, that the accident arose from a want of care. And this statement will be found to be in accord with well-considered cases in other...
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Cases Argued and Decided in the Supreme Court of the United ..., Volumes 78-81

United States. Supreme Court - Law reports, digests, etc - 1912 - 1544 pages
...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 defendant, that the accident arose from want of care." So in Curtis v. R. Co. 18 NY 543, the court of appeals of New York held that the mere...
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Cases Determined in the Supreme Court of Washington, Volume 69

Washington (State). Supreme Court, Arthur Remington, Solon Dickerson Williams - Law reports, digests, etc - 1912 - 842 pages
...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 defendant, that the accident arose from a want of care." 1 Shearman & Redfield, Negligence (5th ed.), § 59. "The doctrine of res ipsa loquitur...
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The Pacific Reporter, Volume 128

Law reports, digests, etc - 1913 - 1164 pages
...down in Judson v. Giant Powder Co., 107 Cal. 556, 40 Рас. 1021, 29 Ь. RA 718, 48 Am. St. Rep. 146, was as follows: "When a thing which causes the injury...admit that the horse was in the custody and control of tlieir servant, O'Uell. O'Dell's deposition was taken by plaintiffs and offered in evidence but, on...
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The New York Supplement, Volume 138

Law reports, digests, etc - 1913 - 1282 pages
...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 defendant, that the accident arose from the want of care. Breen v. New York Cent. & HRRR Co., 109 NY 297, 16 N. E. 60, 4 Am. St. Rep. 450; Wolf v. American Tract...
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Commentaries on the Law of Evidence in Civil Cases, Volume 2

Burr W. Jones, Louis Horwitz - Evidence (Law) - 1913 - 1090 pages
...ordinary course does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from the want of proper care."96 For example, in such case the Street, 2 Bail. (SC) 157, 23 Am. Co., 71 Wis. 372, 5...
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The Saskatchewan Law Reports, Volume 4

Law reports, digests, etc - 1913 - 626 pages
...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 defendant, that the accident arose from want of care." And in Gee. v. The Metropolitan RW Co. (1875), LR 8 QB 161, 42 LJQB 105, 28 LT 282,...
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The Revised Reports: Being a Republication of Such Cases in the ..., Volume 140

Frederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Joseph Gerald Pease, William Bowstead - Law reports, digests, etc - 1913 - 990 pages
...of tilings does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care. In an action against a Dock Company for injury to the plaintiff by their alleged negligence...
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Judicial and Statutory Definitions of Words and Phrases, Volume 4

Law - 1914 - 1380 pages
...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 defendant, that the accident arose from a want of care. In an action for injuries to plaintiff by being thrown to a sidewalk by the sudden...
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