| North Carolina. Supreme Court - 1905 - 922 Seiten
...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.... | |
| 1890 - 542 Seiten
...explanations, is of itself evidence of negligence. It is urged that where the instrument or machinery is shown to be under the management of the defendant...explanation by the defendant, that the accident arose from want of care. But instances are not (infrequent of steam-boiler explosions where there has been no... | |
| 1871 - 874 Seiten
...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...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... | |
| Victoria. Supreme Court - 1871 - 380 Seiten
...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 Seiten
...and the acciOpinion of the Court. dent 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." In Richmond Ry., etc., Co. v. Hudgins, 100 Va., 409, the plaintiff's horse took fright... | |
| Francis Wharton - 1874 - 960 Seiten
...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,...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. The jury... | |
| 1917 - 510 Seiten
...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,...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... | |
| 1918 - 2060 Seiten
...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,...explanation by the defendant, that the accident arose from want of care." • The plaintiffs' statement sufficiently states a cause of action, and defendant's... | |
| Edmond Robert Turner - 1882 - 210 Seiten
...himself when at the bar (&) of which the marginal note runs as follows: " Where the thing is shewn to be under the management of the defendant or his...explanation by the defendant that the accident arose from want of care." The learned judge said that under the old law there would have been a good defence to... | |
| New York (State). Superior Court (New York), James Clark Spencer, Samuel Jones - 1883 - 646 Seiten
...Mullen v. St. John (57 NY 571), is to the same effect, and among other points quotes this proposition: "Where the thing is shown to be under the management...explanation by the defendant, that the accident arose from want of care." The learned counsel for appellant disagrees to these propositions only in saying that... | |
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