 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...  Albany Law Journal - Page 1131881Full view - About this book
 | United States. Circuit Court (6th Circuit), William Searcy Flippin - District courts - 1882 - 836 pages
...It remains on the party on whom it rested in the beginning. 12. THUE RULE AS TO NEGLIGENCE. — When the thing is shown to be under the management of the...reasonable evidence, in the absence of explanation by the defendant, that the accident aro e from want of care. 13. COLLISION is DAYLIGHT — PRESUMPTION.—... | |
 | Edmond Robert Turner - Agency (Law) - 1882 - 210 pages
...himself when at the bar (&) of which the marginal note runs as follows: " Where the thing is shewn to be under the management of the defendant or his...reasonable evidence in the absence of explanation by the defendant that the accident arose from want of care." The learned judge said that under the old law... | |
 | Law - 1883 - 572 pages
...defendant or his servants, and the accident is such as, iu 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. This case is cited, with approbation, in Transportation... | |
 | Law reports, digests, etc - 1913 - 1236 pages
...itself speaks.' The meaning was thus expressed by Erle, J., in giving bis judgment in a noted case: 'Where the thing is shown to be under the management...reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.' This definition has met with such approval at... | |
 | Law - 1884 - 552 pages
...priina facie case. The court based its decision upon the same principle of human experience. " But when the thing is shown to be under the management of the...reasonable evidence, in the absence of explanation by the defendant that the accident arose from a want of care." The case of Oee V. Metropolitan R. Co., L.... | |
 | Law - 1884 - 554 pages
...-¡irimu facie case. The court based its decision upon the same principle of human experience. " But wheu the thing is shown to be under the management of the...reasonable evidence, in the absence of explanation by the defendant that the accident arose from a want of care." The case of Gee v. Metropolitan IÎ. Co., L.... | |
 | Herbert Broom, Herbert Francis Manisty, Charles Francis Cagney - Legal maxims - 1884 - 1078 pages
...evidence of 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...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,... | |
 | 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...reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care. Ib. hi an action against a dock company for injury... | |
 | 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...reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care." So in Curtis v. liochester & Syracuse R. Co.,... | |
| |
