 | North Carolina. Supreme Court - 1905 - 922 σελίδες
...things, does not happen if those who have the management use the proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care." The limitations governing the application of the rule are thus stated by Wigmore. (Sec.... | |
 | 1871 - 874 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,...explanation by the defendant, that the accident arose from want of care." So in Ourtis v. The Rochester and Syracuse Railroad Company, 18 NY 543, the Court of... | |
 | 1871 - 878 σελίδες
[ Λυπούμαστε, το περιεχόμενο αυτής της σελίδας είναι περιορισμένο ] | |
 | Victoria. Supreme Court - 1871 - 380 σελίδες
...defendant or his servant, and the accidents is such as in the ordinary course of things does not happen, if those who have the management use proper care,...explanation by the defendant, that the accident arose from want of care." Now, that was a case in which the negligence proved was that the plaintiff, who was... | |
 | Ohio. Supreme Court - 1906 - 660 σελίδες
...have injured any one, is enough to make out a presumption of negligence. When a thing which causes the injury is shown to be under the management of the...explanation by the defendant, that the accident arose from want of care." The following cases selected at random from a much longer list, will serve to illustrate... | |
 | 1917 - 510 σελίδες
...(7) "The doctrine of res ipsa loquitur does not apply with the same fullness and weight In is this: "When a thing which causes injury is shown to be under...explanation by 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... | |
 | Francis Wharton - 1874 - 960 σελίδες
...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 care,...explanation by the defendant, that the accident arose from the want of proper care.' The burden of proof on the issue of negligence is not changed by this rule.... | |
 | 1918 - 2060 σελίδες
...have injured any one, is enough to make out a presumption of negligence. When a thing which causes the injury is shown to be under the management of the...explanation by the defendant, that the accident arose from want of care." • The plaintiffs' statement sufficiently states a cause of action, and defendant's... | |
 | 1882 - 1902 σελίδες
[ Λυπούμαστε, το περιεχόμενο αυτής της σελίδας είναι περιορισμένο ] | |
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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... 
