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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... "
Albany Law Journal - Page 277
1890
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1884 - 746 pages
...stipulate for exemption from responsibility for the negligence of himself or his servants. When a 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. A clause in a bill of lading which provides...
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A Digest of the Reported Decisions of the Courts of Common Law ..., Volume 5

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...
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Federal Decisions: Cases Argued and Determined in the Supreme ..., Volume 5

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...
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A Selection of Legal Maxims: Classified and Illustrated

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,...
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The Pacific Reporter, Volume 190

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...
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The Pacific Reporter, Volume 180

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...
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Reports of Cases Argued and Decided in the Supreme Court of the ..., Book 20

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...
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The Pacific Reporter, Volume 140

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....
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The Pacific Reporter, Volume 86

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...
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A Treatise on the Law of Railroads, Volume 2

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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