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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... "
The South Western Reporter - Σελίδα 249
1914
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A Manual of the Law Relating to Shipping and Admiralty: As Determined by the ...

Robert Desty - 1879 - 584 σελίδες
...313; The Harriet, 1 W. Bob. 182; The Celt, 3 Hagg. Adm. 321. § 382. Negligence. — When 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, with proper care, does not happen, it is evidence in the absence of...

Reports of Cases Argued and Determined in the Circuit and District ..., Τόμος 2

United States. Circuit Court (6th Circuit), William Searcy Flippin - 1882 - 836 σελίδες
...on the parly on whom it rested in the beginning. 3. TRUE RfLB AS TO NEGLIGENCE.— When the thiug 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 uso proper care, it...

Albany Law Journal, Τόμος 26

1883 - 572 σελίδες
...court said there must be reasonable evidence of negligence; but where the thing is shown to bounder the management of the defendant or his servants, and the accident is such as, iu the ordinary course of things, does not happen if those who have the management use proper care,...

Reports of Cases Argued and Decided in the Supreme Court of the ..., Βιβλίο 20

United States. Supreme Court - 1884 - 966 σελίδες
...defendant, and the court said: "There must be reasonable evidence of negli gence: 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 ordi nary course of things does not happen if those who have the management use proper care, it...

The Pacific Reporter, Τόμος 180

1919 - 1026 σελίδες
...goods from a train), said: 'There must be reasonable evidence of negligence, but, when 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 when those who have the management use proper care, it...

A Treatise on the Law of Collisions at Sea: With an Appendix, Containing ...

Reginald Godfrey Marsden - 1885 - 616 σελίδες
..." where the thing " (goods suspended over the pavement, which fell and injured the plaintiff) " is shown to be under the management of the defendant...happen if those who have the management use proper Elysia, 4 Asp. Mar. Law Cas. 540; sion, and under their control, some(A) See per Sir J. Hanuen in The...

The Duty & Liability of Employers as Well to the Public as to Servants and ...

Sir Walworth Howland Roberts, George Wallace - 1885 - 610 σελίδες
...arises, or, as has been said, res ipisa loquitur, where the thing which does the mischief is solely under the management of the defendant or his servants, and the accident is such as, in the ordinary course of things, does not happen where proper care is used ; although the presumption...

Atlantic Reporter, Τόμος 101

1917 - 1194 σελίδες
...go upon the principle that, "Where a thing Is shown to be under the management of the defendant and his servants, and the accident is such as in the ordinary...those who have the management use proper care, It offers reasonable evidence, in the absence of explanation by the defendant, that the accident arose...

Atlantic Reporter, Τόμος 29

1894 - 1150 σελίδες
...accident, and the thing causing the accident is shown to be under the management of defendant and bis servants, and the accident is such as, in the ordinary...if those who have the management use proper care, the happening of the accident affords evidence, in the absence of evidence to the contrary, that it...

Reports of Cases Argued and Determined in the Supreme Court of the ..., Τόμος 68

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1888 - 770 σελίδες
...operated on the side track. We conclude, therefore, that this is not a case in which "the thing is shown to be under the management of the defendant...happen if those who have the management use proper care ; " and hence that there is no presumption that the defendant's employees were negligent. There is...




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