 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 Pacific Reporter - Seite 1521922Vollansicht - 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... | |
 | Edwin Tyrrell Hurlstone, Francis Joseph Coltman, Great Britain. Court of Exchequer - 1866 - 1072 Seiten
...themselves servants, and in that behalf that the same came and fell upon and against the accident is such as in the ordinary course of things docs not happen...defendant, that the accident arose from want of care. In an action against a dock Company for injury to the plaintiff by their alleged negligence the plaintiff... | |
 | 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) The... | |
 | 1871 - 874 Seiten
...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,...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
...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,...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 an officer of the... | |
 | Ohio. Supreme Court - 1906 - 660 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,...defendant, that the accident arose from want of care." The following cases selected at random from a much longer list, will serve to illustrate the application... | |
 | 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,...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 train,... | |
 | 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,...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 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,...that the accident arose from want of care." • The plaintiffs' statement sufficiently states a cause of action, and defendant's motion is therefore denied.... | |
 | 1881 - 846 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 this was in reference to a case where some... | |
| |
