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
| Law reports, digests, etc - 1885 - 1062 pages
...596: "There must be reasonable evidence of negligence; but where the thing is shown to be under tho management of the defendant or his servants, and the...defendant, that the accident arose from want of care." The rule is sustained in numerous cases, many of which are cited in the brief of counsel for plaintiff.... | |
| Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1885 - 732 pages
...the carrier must show that such care was exercised. In one case it was said : " 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 the want of care." Scott v. London, etc., Co., 34 LJ Exch.... | |
| Law reports, digests, etc - 1902 - 1178 pages
...Conn. 351, 50 Am. Rep. 24. " '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.' This statement of doctrine has met with judicial... | |
| Isaac Grant Thompson - Law reports, digests, etc - 1885 - 912 pages
...: " But where the thing is shown to be under Terre Haute and Indianapolis Railroad Company v. Back. the management of the defendant or his servants, and...reasonable evidence, in the absence of explanation by the defendants that the accident arose from the want of care. Scott v. London, etc., Co., 3 H. & C. (Exch.)... | |
| Reginald Godfrey Marsden - Collisions at sea - 1885 - 616 pages
...that " where the thing " (goods suspended over the pavement, which fell and injured the plaintiff) " is shown to be under the management of the defendant...happen if those who have the management use proper Elysia, 4 Asp. Mar. Law Cas. 540; sion, and under their control, some(A) See per Sir J. Hanuen in The... | |
| Isaac Grant Thompson - Law reports, digests, etc - 1885 - 944 pages
...or his 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,...defendant, that the accident arose from want of care. Scott v Dock Co., 10 Jur. (NS) 1108; Brigga v. Oliver, 4 Hurlst & Colt 407; Mullen v. St. John, 57... | |
| Francis Taylor Piggott - Torts - 1885 - 448 pages
...as in the ordipresumed to nary course of things does not happen if those who have the erespons1 e. management use proper care, it affords reasonable...defendant that the accident arose from want of care." On this principle the opinion was 5 Ex: 787. expressed in Skinner v. London and Brighton Ry. Co., that... | |
| Sir Walworth Howland Roberts, George Wallace - Employers' liability - 1885 - 610 pages
...arises, or, as has been said, res ipisa loquitur, where the thing which does the mischief is solely under the management of the defendant or his servants, and the accident is such as, in the ordinary course of things, does not happen where proper care is used ; although the presumption... | |
| Law reports, digests, etc - 1890 - 1134 pages
...counsel cite the rule as stated in Scott v. Docks Co., 8 Hurl. & C. 596, as follows: "Where the thing is shown to be under the management of the defendant...defendant, that the accident arose from want of care." There is no occasion to consider whether the rule, as above stated, needs qualification or not. There... | |
| Law reports, digests, etc - 1902 - 1164 pages
...as said In the exchequer chamber, in Scott v. Docks Co., 8 Hurl. & С. Б96. 601: "Where the thing Is shown to be under the management of the defendant...defendant, that the accident arose from want of care." We see no indication of contributory negligence on the plaintiff's part, for her evidence shows that... | |
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