J., observed that in order for it to apply "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... The Canada Law Journal - Page 1061917Full view - About this book
| Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - Law reports, digests, etc - 1912 - 966 pages
...2. Same— Want of Care— Evidence.— Where a thing which causes the injury is shown to be und«r the management of the defendant, and the accident is such as in the ordinary course of things does not happen if those who had the management of it used proper care,... | |
| Law reports, digests, etc - 1869 - 1032 pages
...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 - Law reports, digests, etc - 1864 - 596 pages
...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,...reasonable evidence, in the absence of explanation by the Defendants, that the accident arose from want of care," which rule, we submit, is applicable to the... | |
| North Carolina. Supreme Court - Law reports, digests, etc - 1905 - 922 pages
...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)... | |
| Law - 1881 - 572 pages
...defendant or his servants, and the accident is such us in the ordinary course of things does not happen if those who have the management use proper care,...reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care, " — was applied to a bale of goods slung from... | |
| Law - 1881 - 572 pages
...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... | |
| Law - 1871 - 874 pages
...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 - Law reports, digests, etc - 1871 - 380 pages
...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 - Law reports, digests, etc - 1872 - 788 pages
...Syr. RR Co., 18 NY, 543.) So, in the Exchequer Chamber, it was held, that where the thing is shown to be under the management of the defendant, and 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 - Law reports, digests, etc - 1906 - 660 pages
...one, is enough to make out a presumption of negligence. When a thing which causes the injury is shown to be under the management of the defendant, and the...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... | |
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