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 1661903Full view - About this book
| Illinois. Appellate Court, James Bolesworth Bradwell - Law reports, digests, etc - 1892 - 732 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. For authorities as to the application of the rule, Sec. 2, Thomp. on Neg. 1227, etseq.... | |
| Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - Law reports, digests, etc - 1894 - 694 pages
...means, appliances, men or apparatus employed by such carrier in the transporation, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from the want of proper care. Hence, the rule is well settled that in an action by a passenger for personal... | |
| Vermont. Supreme Court - Law reports, digests, etc - 1894 - 786 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 the want of care.' Scott v. London, etc., Docks Co., 3 Hurl. & C. 596; and see, to the same effect,... | |
| William John Tossell - Law reports, digests, etc - 1918 - 748 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." Cincinnati Trac. Co. v. IJolzenlamp, 74 Ohio St. 379 [78 NE Rep. 529; 6 LRA (NS) 800;... | |
| Law reports, digests, etc - 1897 - 830 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... | |
| Law reports, digests, etc - 1896 - 916 pages
...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 ; Cooley, Torts, 706; and 16 Am. ifc Eng. Encyclop.... | |
| India, Tarapada Banerji - 1896 - 738 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 — Scott v. The London Dock Company, 3 H. and C. 596 ; 34 LJ Exch. 220. (c). The mere... | |
| William John Tossell - Law reports, digests, etc - 1911 - 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. The act relied upon as a proximate cause of the injury both in the petition and the evidence... | |
| Railroad law - 1897 - 840 pages
...who have the management use proper care, it affords Olson v. Great Northern Ry. Co. (Ns) reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care. Huey v. Gahlenbeck (Pa. Sup.) 6 Am. St. Rep. 792, and note; sc, 15 Atl. 520. As applied... | |
| William Weeks Morrill - Electric utilities - 1897 - 966 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." Scott v. London Dock Co., 3 Hurlst. & Colt, 596; Bridges v. North London Sy. Co., LR... | |
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