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" 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... "
The Pacific Reporter - Page 166
1903
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The Southwestern Reporter, Volume 113

Law reports, digests, etc - 1909 - 1336 pages
...is such as In the ordinary course of things does not happen if those who have the management of It used proper care, it affords reasonable evidence,...defendant, that the accident arose from a want of care." In 29 Cyc. 590, and 21 Am. & Eng. Ency. of Law, 512, numerous cases are cited In line with the foregoing...
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The Southern Reporter, Volume 73

Law reports, digests, etc - 1917 - 1034 pages
...course of things does not happen if those who have the 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. So also: 'Where it is shown that the accident is such that its real cause may be the négligence of...
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The Southwestern Reporter, Volume 216

Law reports, digests, etc - 1920 - 1144 pages
...course of things does not happen if those who have the 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.' Tested by this rule, no question of contractual relation could ever form an element in the case. \V...
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Arkansas Reports: Cases Determined in the Supreme Court of the ..., Volume 139

Arkansas. Supreme Court - Law reports, digests, etc - 1920 - 676 pages
...course of things does not happen if those who have the 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.' Tested by this rule, no question of contractual relation could ever form an element in the case. With...
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A Treatise on the Law of Negligence, Volume 1

Thomas Gaskell Shearman, Amasa Angell Redfield - Negligence - 1888 - 720 pages
...of things does not happen, if those who have the 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.9 Thus, " a explanatory circumstances, negligence will be presumed, and the burden is upon the...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 68

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - Law reports, digests, etc - 1888 - 770 pages
...of things, does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose fro?n want of care." Under this rule it is claimed that from the facts proved, as above stated, the...
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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
...of things, does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care. Dougherty v. Jiailroad, supra. ( 6 ) At all events, defendant's employes and rolling-stock...
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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
...of things, docs not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care ": Scott v. London etc. DocTcs Co., 3 Hurl. & 0. 696; and see, to the same effect, Kearney...
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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
...course of things does not happen if those who have the management use proper care, it affords 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 the principle of Scoft v. London and 8f....
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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
...of things does not happen, if those who have the management use proper care, it affords 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 the passage in the car was evidently the...
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