...to the conductor of an inflnnity wihich required extraordinary care on his part. "Negligence can not be assumed from the mere fact of an accident and an injury." (1 Shear. & Red. Neg., section 59, Wintuska v. L. & NRR Co., 20 SW, S19.) We are of opinion, therefore,...

...Appeals, which, among other things, quoted from Shearman & Redfield on Negligence, | 59, as follows: "It is not that In any case negligence can be assumed...surrounding circumstances which are necessarily brought iuto view by showing how the accident occurred contain, without further proof, sufficient evidence...

...negligence is deduclble, not from the mere happening of the accident, but from the attendant circumstances. "It is not that, in any case, negligence can be assumed...proof, sufficient evidence of the defendant's duty and of his neglect to perform it The fact of the casualty and the attendant circumstances may themselves...

...said: "It is not that In anjc case negligence can be assumed from the mere fact of the accident and injury, but in these cases the surrounding circumstances,...contain, without further proof, sufficient evidence of defendant's duty and his neglect to perform it. The fact of the casualty and the attendant circumstances...

...negligence.— In many cases, the maxim " res ipsa loquitur " applies. The affair speaks for itself.2 It is not that, in any case, negligence can be assumed...proof, sufficient evidence of the defendant's duty and of his neglect to perform it. The fact of the casualty and the attendant circumstances may themselves...

...the defendant" The learned judge then quotes with approval from Shearman & Redfield on Negligence : "It is not that in any case negligence can be assumed...the mere fact of an accident and an injury ; but in those cases the surrounding circumstances which are necessarily brought into view by showing how the...

...as to res ipsa loquitur, *4th ed.— [REP. App. Div.] Fourth Department, March, 1908. as follows : " It is not that, in any case, negligence can be assumed...proof, sufficient evidence of the defendant's duty, and of his neglect to perform it. The fact of the casualty and the attendant circumstances may themselves...

...ipza loquitur, quotes approvingly section 59 of Shearman and Redfield on Negligence as follows : " It is not that, in any case, negligence can be assumed...brought into view by showing how the accident occurred THIRD DEPARTMENT, NOVEMBEH TERM, 1901. [Vol. 66. contain, without farther proof, sufficient evidence...

...negligence can be assumed from the mere fact of the McCray e. Gnlvtston, H. & SAR Co. accident and of injury, but in these cases the surrounding circumstances,...proof, sufficient evidence of the defendant's duty and of his negligence to perform it. The fact of the casualty and the attendant circumstances may themselves...

...accident occurred contain, without further proof, sufficient evidence of the defendant's duty and of his neglect to perform it. The fact of the casualty...circumstances may themselves furnish all the proof of App. Div.] FIRST DEPARTMENT, DECEMBER, 1904. negligence that the injured person is able to offer, or...