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
| John Mews - Law reports, digests, etc - 1884 - 1048 pages
...Ei. Ch. liut where the instrument or machinery is shewn to be under the management of theUefendant or his servants, and the accident is such as in the...defendant, that the accident arose from want of care. Ib. hi an action against a dock company for injury to the plaintiff by their alleged negligence, the... | |
| Law reports, digests, etc - 1884 - 978 pages
...evidence of negligence ; but where the thing is shown to be under the management of the defendant or h is servants, and the accident is such as in the ordinary...defendant, that the accident arose from want of care." So in Curtis v. liochester & Syracuse R. Co., 18 XY, 543, the court of appeals of îiew York held that... | |
| Herbert Broom, Herbert Francis Manisty, Charles Francis Cagney - Legal maxims - 1884 - 1078 pages
...negligence on the part of the defendants' servants to go to the jury, on the ground that where the thing is shown to be under the management of the defendant...use proper care, it affords reasonable evidence, in the absence of explanatioii by the defendants, that the accident arose from want of care (r) ; similarly,... | |
| Law reports, digests, etc - 1920 - 1156 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,...absence of explanation by the defendant, that the accl£=>For other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes (190... | |
| Law reports, digests, etc - 1919 - 1026 pages
...of goods from a train), said: 'There must be reasonable evidence of negligence, but, 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 does not happen when those who have the management use proper care, it... | |
| United States. Supreme Court - Law reports, digests, etc - 1884 - 966 pages
...defendant, and the court said: "There must be reasonable evidence of negli gence: 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 ordi nary course of things does not happen if those who have the management use proper care, it... | |
| Law reports, digests, etc - 1914 - 1230 pages
...accident is such as in the ordinary course of events does not happen if those who have the control or management use proper care, it affords reasonable evidence, in the absence of explanation by the carrier, that the accident arises from want of care. Gilmore v. Brooklyn Heights Ry. Co., 6 App. Dlv.... | |
| 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... | |
| Horace Gay Wood - Railroad law - 1885 - 804 pages
...to the ground. The court said there, must be reasonable evidence of negligence ; but where the thing is shown to be under the management of the defendant...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... | |
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