 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 Southwestern Reporter - Page 2541919Full view - About this book
 | 1898 - 562 lehte
...in Scott v. Dock Co. (1865), 3 Hurl. & C. 596: 'There must be reasonable evidence of negligence. But where the thing is shown to be under the management...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... | |
 | Francis Wharton - 1874 - 960 lehte
...class of cases rests upon the plaintiff was fully recognized, but the rule was laid down thus : ' If 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 does not happen if those who have the management use proper care, it affords reasonable... | |
 | Melville Madison Bigelow - 1875 - 830 lehte
...majority of the court had come to the following conclusions : There must be evidence of negligence. But where the thing is shown to be under the management...reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care. The learned Chief Justice added that he and... | |
 | Isaac Edwards - 1878 - 738 lehte
...nature of tho accident, or from the conduct and relation of the parties, when the loss occurred.2 " If a thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course docs not happen if those who have the management use proper care, it affords reasonable... | |
 | Sir Arthur Underhill - 1878 - 370 lehte
...Wlnte, 11 CB, NS 588; Toomey v. L. $ BR Co., 3 CB, NS 146). Exception. Where, however, a thing is solely under the management of the defendant or his servants, and the accident is such as, in the ordinary course of events, does not happen to those having the management of such things, and use... | |
 | Robert Desty - 1879 - 584 lehte
...Argus, Olcott, 313; The Harriet, 1 W. Bob. 182; The Celt, 3 Hagg. Adm. 321. § 382. Negligence. — When 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, with proper care, does not happen, it is evidence in the absence of... | |
 | 1881 - 846 lehte
...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... | |
 | Nathaniel Cleveland Moak - 1882 - 896 lehte
...opinion of the majority of the judges, says: "There must be reasonable evidenceof negligence. But, where the thing is shown to be under the management...reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care." [DKNMAN, J.: That was the case of an inanimate... | |
 | United States. Circuit Court (6th Circuit), William Searcy Flippin - 1882 - 836 lehte
...remains on the parly on whom it rested in the beginning. 3. TRUE RfLB AS TO NEGLIGENCE.— When the thiug 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 uso proper care, it... | |
 | Edmund B. Ivatts - 1883 - 1168 lehte
...C., 601). ' There must,' says Justice Erie in this case, ' be reasonable evidence of negligence. But where the thing is shown to be under the management...reasonable evidence, in the absence of explanation by the Defendants, that the accident arose from want of care.' " Judgment against the Company. — Tried in... | |
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