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" The court said 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... "
Leading Cases on the Law of Torts Determined by the Courts of America and ... - Page 594
by Melville Madison Bigelow - 1875 - 754 pages
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Cases Determined in the St. Louis and the Kansas City Courts of ..., Volume 33

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,...
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The American State Reports: Containing the Cases of General Value ..., Volume 6

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...
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The Law of Torts: A Treatise on the Principles of Obligations Arising from ...

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...
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American Railroad and Corporation Reports: Being a Collection of ..., Volume 1

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...
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Revue légale, Volume 19

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...
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The American and English Encyclopedia of Law, Volume 16

John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland - Law - 1891 - 1062 pages
...etc. Docks Co., 3 Hurl. & Colt. 596, the doctrine was thus laid down: "There must « some reasonable evidence of negligence. But where the thing is shown...use proper care, it affords reasonable evidence, in the absence of explanation, that the accident arose from want of care." See also Priggs v. Oliver,...
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A Treatise on the Law of Collisions at Sea: With an Appendix Containing the ...

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...
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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 - 1891 - 774 pages
...reasonable evidence of negligence, but where the thing (meaning the thing which causes the injury) 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 the case at bar the thing which obstructed...
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The Weekly Reporter: Appellate High Court, Volume 9

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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Swine Flu Immunization Program: Supplemental Hearings Before the ...

United States. Congress. House. Committee on Interstate and Foreign Commerce. Subcommittee on Health and the Environment - Influenza - 1976 - 628 pages
...defendant or his servant, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care,...reasonable evidence in the absence of explanation by the defendant that the accident arose from want of care." [183] The Court of Appeals affirmed the trial...
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