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
| Alabama. Supreme Court - Law reports, digests, etc - 1891 - 764 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." It may be that the charge given had a tendency to mislead the jury; and it may be that some explanation,... | |
| Alabama. Supreme Court - Law reports, digests, etc - 1917 - 800 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,...explanation by the defendant, that the accident arose from a want of care. So also : 'Where it is shown that the accident is such that its real cause may be the... | |
| Minnesota. Supreme Court - Law reports, digests, etc - 1898 - 622 pages
...caused by defendant's negligence, must give reasonable evidence of such 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 of the machinery use... | |
| Ohio. Supreme Court - Law reports, digests, etc - 1890 - 778 pages
...to jiegligence or want of skill on their part, and that the accident, in the absence of explanation, is, of itself, evidence of negligence. It is urged...accident arose from want of care. But instances are not unfrequent of steam-boiler explosions where there has been no want of ordinary care and skill in their... | |
| Law reports, digests, etc - 1901 - 228 pages
...of health, suffers through such breach of contract, he is entitled to recover damages. When a thing is shown to be under the management of the defendant...defendant, that the accident arose from want of care. A train stopping so as to throw people about comes within this rule. It does not follow, because no... | |
| Law reports, digests, etc - 1920 - 1012 pages
...additional element to which we have referred and a more adequate statement of the doctrine: "Where the thing is shown to be under the management of the defendant...defendant, that the accident arose from want of care." Scott v. London Dock Co., 3 H. & C. 596, a case in which a passer-by was injured by the falling of... | |
| Law reports, digests, etc - 1887 - 1072 pages
...operated on the side track. We conclude, therefore, that this is not a case in which "the thing ia sltown to be under the management of the defendant or his...if those who have the management use proper care;" and hence that there is no presumption that the defendant's employes were negligent. There is no proof... | |
| Law reports, digests, etc - 1903 - 1164 pages
...Redfleld, the peculiar circumstances of this class of cases, when made to appear, "afford reasonable evidence, In the absence of explanation by the defendant, that the accident arose from want of care"; end In such case, as was said In Seybolt v. Railroad Co., supra, "the onus then rests upon the defendant... | |
| Law reports, digests, etc - 1910 - 1380 pages
...actions. The first test to support the rule laid down In the définition above quoted Is that the thing is shown to be under the management of the defendant or his servant«. This obviously means servants other than the plaintiff, and, since most master and servant... | |
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