 When a thing which causes injury is shown to be under the 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 1 48 Am. St. Rep....  Reports of Cases Argued and Determined in the Supreme Court of the Territory ... - Seite 14von Oklahoma. Supreme Court, Edward Bell Green, Frank Dale, John Henry Burford, Robert Lee Williams, Matthew John Kane, Howard J. Parker, Charles Winfield Van Eaton - 1916Vollansicht - Über dieses Buch
 | 1909 - 1362 Seiten
...(volume 2 [3d Ed.] p. 1424) says: "The rule known as 'res Ipsa loquitur' may be thus stated: When the thing which causes Injury is shown to be under the...management of the defendant, and the accident Is such as In the ordinary courseof things does not happen if those who have the management use proper care, it affords... | |
 | 1913 - 1344 Seiten
...the doctrine of res ipsa loquitur, which is the rule that where the thing which causes the injury is under the 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 or control use proper... | |
 | 1908 - 1356 Seiten
...negligence and want of care of appellant's servants, and the burden was upon it to show to the contrary. When a thing which causes Injury Is shown to be under the management oí defendant. and the accident Is such as in the ordinary course of things does not happen, If those... | |
 | 1891 - 1076 Seiten
...the carelessness of the defendant. It is undoubtedly true that where a thing that Cc'iuses injviry is shown to be under the management of the defendant, and the accident is one that in the ordinary course of events does not happen, it affords reasonable evidence that the... | |
 | Edwin Ames Jaggard - 1895 - 702 Seiten
...proof of some contract or undertaking, and damage, makes out a prima facie case; (b) Where the thing is shown to be under the management of the defendant,...if those who have the management use proper care; and There is logically applied to the law of negligence the ordinary rule governing the production... | |
 | William Benjamin Hale - 1896 - 700 Seiten
...proof of some contract or undertaking, and damage, makes out a prima facie case; (b) Where the thing is shown to be under the management of the defendant,...happen if those who have the management use proper care;191 and (c) Where this rule is changed by statute. The burden of proving negligence is on the... | |
 | 1896 - 916 Seiten
...upon the defendant the burden of establishing his freedom from fault." "When a thing which causes the injury is shown to be under the management of the defendant, and the accident is such as in the ordinary course of things does not happen, if those who have tbe management use proper care, it... | |
 | William John Tossell - 1920 - 706 Seiten
...evidence of negligence, and T will state to you that it is the law that when a thing which causes the injury is shown to be under the management of the defendant and the accident is such that in the ordinary course of things does not happen if those who have the management use proper care,... | |
 | 1897 - 840 Seiten
...in this case, the thing causing the accident is shown to be in the possession and under the control of the defendant, and the accident is such as, in...who have the management use proper care, it affords Olson v. Great Northern Ry. Co. (Ns) reasonable evidence, in the absence of explanation by the defendant,... | |
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