 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
 | United States. Supreme Court - Law reports, digests, etc - 1912 - 1544 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." So in Curtis v. R. Co. 18 NY 543, the court of appeals of New York held that the mere... | |
 | Seymour Dwight Thompson - Cross examinations - 1912 - 1106 pages
...accident is such as, in the ordinary course of ti1ings, does not happen if those who have themanagement used proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care."18 In view of this principle, the English judges... | |
 | Law reports, digests, etc - 1912 - 1316 pages
...who had the management of it used proper care, it affords reasonable evidence, in the absence of an explanation by the defendant, that the accident arose from a want of care." Shearman and Redfield on Negligence, ยง 59; Paducah Traction Co. v. Baker, 130 Ky. 300, 113 SW 449,... | |
 | Law reports, digests, etc - 1913 - 626 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." And in Gee. v. The Metropolitan RW Co. (1875), LR 8 QB 161, 42 LJQB 105, 28 LT 282,... | |
 | Burr W. Jones, Louis Horwitz - Evidence (Law) - 1913 - 1090 pages
...ordinary course 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 proper care."96 For example, in such case the Street, 2 Bail. (SC) 157, 23 Am. Co., 71... | |
 | Frederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Joseph Gerald Pease, William Bowstead - Law reports, digests, etc - 1913 - 990 pages
...of tilings 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 an action against a Dock Company for injury to the plaintiff by their alleged negligence... | |
 | Law reports, digests, etc - 1913 - 1282 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. Breen v. New York Cent. & HRRR Co., 109 NY 297, 16 N. E. 60, 4 Am. St. Rep. 450;... | |
 | Law - 1914 - 1380 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. In an action for injuries to plaintiff by being thrown to a sidewalk by the sudden raising of trap... | |
 | Armistead Mason Dobie - Bailments - 1914 - 890 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." 8l Perhaps the clearest example of this is a railroad collision,81 which, ordinarily,... | |
 | Mines and mineral resources - 1914 - 844 pages
...control of the defendant, a presumption of negligence arises and the circumstances afford reasonable evidence in the absence of explanation by the defendant that the accident arose from want of care. Hill v. Pacific Gas & Electric Co. (California), 136 Pacific, 492, p. 499, November,... | |
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