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" 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... "
Judicial and Statutory Definitions of Words and Phrases - Σελίδα 6139
1905 - 7839 σελίδες
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Reports of Cases Heard and Determined by the Judicial Committee and ..., Τόμος 6

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...

The Law Reports: Court of Common Pleas, Τόμος 2

Great Britain. Court of Common Pleas - 1867 - 802 σελίδες
...the judges, said : " There must be reasonable evidence of negligence. But, where the thing is shewn to be under the management of the defendant or his...reasonable evidence, in the absence of explanation by the defendants, that the accident arose from waut of care." But that case is distinguishable from Hammock...

Cases Argued and Adjudged in the Supreme Court of the ..., Τόμος 11;Τόμος 78

United States. Supreme Court - 1871 - 728 σελίδες
...crane in which they were lowered to the ground from a warehouse by the defendant, and the court said, "There must be reasonable evidence of negligence;...reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care." So in Curtis v. The Rochester and Syracuse...

The American Law Register, Τόμος 10

1871 - 874 σελίδες
...warehouse by the defendant, and the court said, " There must be reasonable evidence of negligence ; tut where the thing is shown to be under the management...reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care." So in Ourtis v. The Rochester and Syracuse...

The Australian Jurist Reports: Supreme Court of the Colony of Victoria, Τόμος 1

Victoria. Supreme Court - 1871 - 380 σελίδες
...being 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,...

Reports of Cases Decided in the Court of Appeals of the State of ..., Τόμος 46

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...

Reports of Cases Decided in the Court of Appeals of the State of ..., Τόμος 50

New York (State). Court of Appeals, Hiram Edward Sickels - 1873 - 800 σελίδες
...management of the defendant or his servants, and the accident is such as in the ordinary course does not happen if those who have the management use proper...reasonable evidence, in the absence of explanation by the defendant, that the accident arose from the want of proper care." The burden of proof on the issue...

A Treatise on the Law of Negligence

Francis Wharton - 1874 - 960 σελίδες
...crane in which they were lowered to the ground from a warehouse by the defendant, and the court said, ' There must be reasonable evidence of negligence ;...reasonable evidence, in the absence of explanation by the defendBOOK I.] PROVINCES OF COURT AND JURY. [§ 423. § 423. Contributory negligence, — burden...

Reports of Cases Decided in the Commission of Appeals of the State ..., Τόμος 57

New York (State). Commission of Appeals, Hiram Edward Sickels - 1875 - 784 σελίδες
...the tailing of bags of sugar on the defendant as he was passing by a warehouse. The court said : " There must be reasonable evidence of negligence. But...reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care." The case of Gee v. Metropolitan Railway...

Leading Cases on the Law of Torts Determined by the Courts of America and ...

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...




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