 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
 | New York (State). Courts - Law reports, digests, etc - 1896 - 836 pages
...reasonable evidence of negligence; " but where," as the court said in Mullen v. St. John, 57 NY 571, '* 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 want of care." See, also, Lyons v. Rosenthal, 11 Hun, 46; Breen... | |
 | Law reports, digests, etc - 1896 - 1276 pages
...Mullen v. St. John, 57 NY, at page 571, "the thing is shown to be under the management of the defendnnt 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." See, also, Lvons v. Rosenthal, 11 Hun, 4(J;... | |
 | William John Tossell - Law reports, digests, etc - 1905 - 892 pages
...evidence of negligence. But where the thing is shown to be under the managemnt of the defendant or hia servants, and the accident is such as in the ordinary...use proper care, it affords reasonable evidence, in the absence of explanation, that the accident arose from want of care." This doctrine has been applied... | |
 | William John Tossell - Law reports, digests, etc - 1911 - 774 pages
...ment 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,...reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care. The act relied upon as a proximate cause of the... | |
 | Law reports, digests, etc - 1896 - 916 pages
...and the accident is such as in the ordinary course of things does not happen, if those who have tbe management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from a want of care." See also, on this point, Thomp. Neg. pp. 1227-1235... | |
 | New York (State). Supreme Court. Appellate Division - Law reports, digests, etc - 1905 - 778 pages
...accident is such as in the ordinary course of things does not happen if those who have such control and management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care. This was all that was necessary to warrant the... | |
 | James Henry Deering - Law reports, digests, etc - 1896 - 584 pages
...management of 'the defendant, and the accident is euch as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of an explanation by the defendant, that the accident arose from want of caire, and no... | |
 | William Weeks Morrill - Electric utilities - 1897 - 986 pages
...managed by 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,...reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care." Scott v. London Dock Co., 3 Hurlst. & Colt,... | |
 | Reginald Godfrey Marsden - Collision at sea - 1897 - 772 pages
...under way and another at anchor. 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." In Mojfatt v. Bateman (z), it was held that... | |
 | William Weeks Morrill - Electric utilities - 1897 - 966 pages
...managed by 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,...reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care." Scott v. London Dock Co., 3 Hurlst. & Colt,... | |
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