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" 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... "
Reports of Cases Determined in the District Courts of Appeal of the State of ... - Σελίδα 636
1920
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

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...

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
...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 proper care,...reasonable evidence, in the absence of explanation by the Defendants, that the accident arose from want of care," which rule, we submit, is applicable to the...

Albany Law Journal, Τόμος 24

1881 - 572 σελίδες
...defendant or his servants, and the accident is such us in the ordinary course of things does not happen if those who have the management use proper care,...reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care, " — was applied to a bale of goods slung from...

Albany Law Journal, Τόμος 24

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...

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

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,...

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
...Rock, and Syr. RR Co., 18 NY, 543.) So, in the Exchequer Chamber, it was held, that where the thing is shown to be under the management of the defendant,...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...

The Central Law Journal, Τόμος 46

1898 - 562 σελίδες
...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 proper care,...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...

A Treatise on the Law of Negligence

Francis Wharton - 1874 - 960 σελίδες
...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 proper care,...reasonable evidence, in the absence of explanation by the defendBOOK I.] PROVINCES OF COURT AND JURY. [§ 423. § 423. Contributory negligence, — burden on...

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

Melville Madison Bigelow - 1875 - 830 σελίδες
...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 proper care,...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...

A Treatise on the Law of Bailments: Contracts Connected with Custody and ...

Isaac Edwards - 1878 - 738 σελίδες
...of the defendant or his servants, and the accident is such as in the ordinary course docs not happen if those who have the management use proper care, it affords reasonable evidence, in tho absence of explanation by tho defendant, that the accident arose from the want of proper care."3...




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