| Missouri. Courts of Appeals - Law reports, digests, etc - 1889 - 758 pages
...evidence tends to show the men on the engine did see, or could have seen plaintiff 's danger. ( 5 ) " Where the thing is shown to be under the management...defendant, 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,... | |
| Abraham Clark Freeman - Law reports, digests, etc - 1889 - 996 pages
...Orth, Gl Wis. 631; Brten v. New York etc. RR Co., 109 NY 297. Or, as expressed in an English case, "where the thing is shown to be under the management...the defendant or his servants, and the accident is euch as, in the ordinary course of things, docs not happen if those who have the management use proper... | |
| Frederick Pollock - Torts - 1890 - 694 pages
...rule was declared by the Exchequer Chamber in 1865 (/), in these terms: — " There must be reasonable evidence of negligence. " But where the thing is shown...the defendants, that the accident arose from want of (e) Carpue v. London $ Brighton $ SCR Co. (1850) 5 Ex. 787. JZ. Co. (1844) 6 QB 747, 751, 13 (/) Scott... | |
| John Lewis - Corporation law - 1890 - 816 pages
...reasonable evidence of negligence, but where the thing (meaning the thing which caused the injury) isshown to be under the management of the defendant or his...use proper care, it affords reasonable evidence, in the absense of explanation by the defendant, and that the accident arose from want of care." In the... | |
| Law - 1890 - 772 pages
...point. Pollock On Torts, No. 363. " Thére must bo reasonable " evidence of negligence. But, whén the thing is shown " to be under the management of the defendant, or his ser" vants, and the accident is such as, in the ordinary course " of things, does not happen if those... | |
| Reginald Godfrey Marsden, John William Mansfield - Collisions at sea - 1891 - 744 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...reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care." In Moffatt v. Btifeman (e), it was held that... | |
| David Sutherland - India - 1891 - 818 pages
...There *«iu3tbe reasonable evidence of negligence. •Bat, «hen the thing is shown to be under "lie management of the defendant or his "servants, and...use " proper care, it affords reasonable evidence, *m the absence of explanation by the de" tendant, that the accident arose from want •of care." On... | |
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