 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...  Albany Law Journal - Page 2771890Full view - About this book
 | Ohio. Supreme Court - Law reports, digests, etc - 1906 - 660 pages
...and the acciOpinion of the Court. dent is such as, in the ordinary course of things, does not happen if those who have the management use proper care,...defendant, that the accident arose from want of care." In Richmond Ry., etc., Co. v. Hudgins, 100 Va., 409, the plaintiff's horse took fright from the sudden... | |
 | Law - 1898 - 562 pages
...Co. (1865), 3 Hurl. & C. 596: 'There must be reasonable evidence of negligence. But where the thing is shown to be under the management of the defendant...reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.' In those words it is approved in 1895 in Shafer... | |
 | Law - 1917 - 510 pages
...management of the 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,...the defendant, that the accident arose from want of care."8 If a passenger in the train of a common carrier is injured by the derailment of the train,... | |
 | Francis Wharton - Negligence - 1874 - 960 pages
...cases rests upon the plaintiff was fully recognized, but the rule was laid down thus : ' If 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 does not happen if those who have the management use proper care, it affords reasonable... | |
 | Melville Madison Bigelow - Torts - 1875 - 830 pages
...court had come to the following conclusions : There must be evidence of negligence. But where the thing is shown to be under the management of the defendant...reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care. The learned Chief Justice added that he and... | |
 | Isaac Edwards - Bailments - 1878 - 738 pages
...tho accident, or from the conduct and relation of the parties, when the loss occurred.2 " If a thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course docs not happen if those who have the management use proper care, it affords reasonable... | |
 | Sir Arthur Underhill - Torts - 1878 - 370 pages
...Wlnte, 11 CB, NS 588; Toomey v. L. $ BR Co., 3 CB, NS 146). Exception. Where, however, a thing is solely under the management of the defendant or his servants, and the accident is such as, in the ordinary course of events, does not happen to those having the management of such things, and use... | |
 | Robert Desty - Admiralty - 1879 - 584 pages
...313; The Harriet, 1 W. Bob. 182; The Celt, 3 Hagg. Adm. 321. § 382. Negligence. — When 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, with proper care, does not happen, it is evidence in the absence of... | |
 | Law reports, digests, etc - 1918 - 2060 pages
...of the 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,...defendant, that the accident arose from want of care." • The plaintiffs' statement sufficiently states a cause of action, and defendant's motion is therefore... | |
 | Canada - 1885 - 648 pages
...lowered to the ground. The Court said there must be reasonable evidence of negligence, but when the thing is shown to be under the management of the defendant...use proper care, it affords reasonable evidence, in the absence of explanations by the defendant, that the accident arose from want of care. This case... | |
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