 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 2491914Πλήρης προβολή - Σχετικά με αυτό το βιβλίο
 | Armistead Mason Dobie - 1914 - 890 σελίδες
...not of itself make out a case of prima facie liability against the carrier. "But where the thing is shown to be under the management of the defendant or his servants, and the accident be such as, in the ordinary course of things, does not happen if those who have the management use... | |
 | Reinhold Klotz - 1915 - 726 σελίδες
...expressed by the formula res ipsa loquitur — the thing speaks for itself — is that, 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 proper care be used, it affords reasonable evidence,... | |
 | Fred P. Caldwell - 1916 - 1250 σελίδες
...result. Ligon's Admr. v. Evansville R. Co., 165 Ky. 203, 176 SW 968. When the thing causing the injury 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 proper care is exercised, the mere happening of the... | |
 | Homer Richey, Daunis McBride - 1916 - 858 σελίδες
...conscience of the court and jury of the reasonable probability of the truth of the allegations.80 But when the particular thing causing the injury has been shown...to be under the management of the defendant or his servant, and the accident is such as in the ordinary course of things does not happen, if those who... | |
 | Ohio. Courts - 1916 - 646 σελίδες
...evidence of negligence, bvit where, as the court said in Mullen v. St. John, 57 NY, 571, the thing is shown to be under the management of the defendant or his servants, and the accident is such that in the ordinary course of things does not happen if those who have the management use proper care,... | |
 | United States. Supreme Court - 1918 - 1574 σελίδες
...court «aid : "There must be reasonable evidence of negligence; but where the thing is shown to 1>e 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 nse proper •care,... | |
 | Missouri. Supreme Court - 1921 - 874 σελίδες
...Where the defendant owes the duty to plaintiff to use due care, and the thing causing the accident is shown to be under the management of the defendant or his servants, and the accident is such that, in the ordinary course of things, does not occur if those who have the management or control... | |
 | 1921 - 1852 σελίδες
...jury.— Galvin v. Brown & McCabe, 101 P. C71. 53 Or. 5!>8. (Tex.1910) Where the cause of injury is under the management of the defendant or his servants, and the accident is such as in the ordinary course of thinps doe» not happen if proper care is used, it affords reasonable evidence... | |
 | Arthur B. Honnold - 1922 - 1046 σελίδες
...134 1'. S70. The principle expressed by the formula "res ipsa loquitur" is that, 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 proper care be used, It affords reasonable evidence,... | |
 | New York (State). Supreme Court. Appellate Division - 1922 - 1074 σελίδες
...that where the defendant owes to plaintiff a duty to use care, and the thing causing the action is shown to be under the management of the defendant or his servants and the accident is such that in the ordinary course of things does not occur if those who have the management or control use... | |
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