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 New York Supplement - Seite 6481896Vollansicht - Über dieses Buch
| 1869 - 1032 Seiten
...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... | |
| Great Britain. Privy Council. Judicial Committee, Edmund F. Moore - 1864 - 596 Seiten
...the case to the jury. But 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...reasonable evidence, in the absence of explanation by the («) 3 H. 4 C. 596. Defendant, that the accident arose from want of care." Now, that was a case in... | |
| 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. 2509). "(1)... | |
| 1881 - 572 Seiten
...reasonable evidence of uegligence. 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...reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care." [DENMAN, J. That was the case of an inanimate... | |
| 1881 - 572 Seiten
...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... | |
| 1871 - 874 Seiten
...reasonable evidence of negligence ; tut where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in 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 Appeals of New... | |
| Victoria. Supreme Court - 1871 - 380 Seiten
...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,... | |
| New York (State). Court of Appeals, Hiram Edward Sickels - 1872 - 788 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, it affords reasonable evidence that the accident arose from want of care. (Scott v. Lond. Dock Co., 3 Hurlst. & Colt., 596.) It is... | |
| 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,...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 from the sudden... | |
| 1898 - 562 Seiten
...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...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... | |
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