 | 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
...Chief Justice Erie, in the case of Scott v. The London and St. Katherine's Docks Company (c), " where the thing is shown to be under the management of the...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... | |
 | Law - 1881 - 572 pages
...opinion of the majority of the judges, says: "There must be reasonable evidence of uegligence. But where the thing is shown to be under the management of the...reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care." [DENMAN, J. That was the case of an inanimate... | |
 | 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... | |
 | 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
...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 evidence that the accident arose from want of care. (Scott v. Lond. Dock Co., 3 Hurlst. & Colt., 596.) It is... | |
 | Francis Wharton - Negligence - 1874 - 960 pages
...by the defendant, and the court said, ' There must be reasonable evidence of negligence ; but where the thing is shown to be under the management of the...reasonable evidence, in the absence of explanation by the defendBOOK I.] PROVINCES OF COURT AND JURY. [§ 423. § 423. Contributory negligence, — burden on... | |
 | Law - 1898 - 562 pages
...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 of the...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... | |
 | Law - 1917 - 510 pages
...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,... | |
 | Melville Madison Bigelow - Torts - 1875 - 808 pages
...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 of the...reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care. The learned Chief Justice added that be and... | |
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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... 
