 J., observed that in order for it to apply "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...  A Treatise on the Law of Railroads - Σελίδα 1066των Horace Gay Wood - 1885 - 1953 σελίδεςΠλήρης προβολή - Σχετικά με αυτό το βιβλίο
 | 1869 - 1032 σελίδες
...in the ordinary course of things, does not happen to those who have the management of machinery and use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care." But that case also differs from die present... | |
 | Great Britain. Privy Council. Judicial Committee, Edmund F. Moore - 1864 - 596 σελίδες
...adduce reasonable evidence of negligence to warrant the Judge in leaving the case to the jury. But that where the thing is shown to be under the management...reasonable evidence, in the absence of explanation by the («) 3 H. 4 C. 596. Defendant, that the accident arose from want of care." Now, that was a case in... | |
 | 1881 - 572 σελίδες
...the opinion of the majority of the judges, says: "There must be reasonable evidence of uegligence. But where the thing is shown to be under the management...reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care." [DENMAN, J. That was the case of an inanimate... | |
 | 1881 - 572 σελίδες
...defendant or his servants, and the accident is such из iu the ordinary course of things does not bap)>eii if those who have the management use proper care, it affords reasonable evidence, iu the absence of explanation by the defendants, that the accident arose from want of care, " — was... | |
 | Victoria. Supreme Court - 1871 - 380 σελίδες
...under the management of the defendant, the accident is such aa in the ordinary course does not happen if ^those who have the management use proper care, it affords reasonable evidence, in the absence of explanation, that the accident arose from want of care. Seoll v. London Dock Company,... | |
 | New York (State). Court of Appeals, Hiram Edward Sickels - 1872 - 788 σελίδες
...management 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, it affords reasonable evidence that the accident arose from want of care. (Scott v. Lond. Dock Co., 3 Hurlst. & Colt., 596.) It is... | |
 | Francis Wharton - 1874 - 960 σελίδες
...falling from a crane in which they were lowered to the ground from a warehouse by the defendant, and the court said, ' There must be reasonable evidence...reasonable evidence, in the absence of explanation by the defendBOOK I.] PROVINCES OF COURT AND JURY. [§ 423. § 423. Contributory negligence, — burden on... | |
 | 1898 - 562 σελίδες
...cannot be better stated, in its generality, than as given in Scott v. Dock Co. (1865), 3 Hurl. & C. 596: 'There must be reasonable evidence of negligence....reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.' In those words it is approved in 1895 in Shafer... | |
 | 1917 - 510 σελίδες
...management 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,...the defendant, that the accident arose from want of care."8 If a passenger in the train of a common carrier is injured by the derailment of the train,... | |
 | Melville Madison Bigelow - 1875 - 830 σελίδες
...Erie, CJ, said that the majority of the court had come to the following conclusions : There must be evidence of negligence. But where the thing is shown...reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care. The learned Chief Justice added that he and... | |
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