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 South Western Reporter - Page 2491914Full view - About this book
| Vermont. Supreme Court - Law reports, digests, etc - 1894 - 786 pages
...respect to the thing causing the accident, to prevent the occurrence of such accident, and the thing is shown to be under the management of the defendant...who have the management use proper care, it affords evidence, in the absence of evidence showing that it happened without the fault of the defendant, that... | |
| Frederick Pollock - Torts - 1894 - 842 pages
...(f), in these terms: — " 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 (/) Scott v. .London Dock Co., 3 H. 4 O. 596, 34 LJ Ex.... | |
| William John Tossell - Law reports, digests, etc - 1918 - 748 pages
...evidence of negligence, but where, as the court said in Mullen v. St. John, 57 NY 571. the thing is shown to be under the management of the defendant or his servants, and the accident is such that in the ordinary course of things does not happen if those who have the management use proper care,... | |
| Abraham Clark Freeman - Law reports, digests, etc - 1895 - 1042 pages
...upon him. The court said: "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 la such as, in the ordinary course of things, does not happen if those who have the management use... | |
| Reginald Godfrey Marsden - Collision at sea - 1897 - 772 pages
..." where the thing " (goods suspended over the pavement, which fell and injured the plaintiff) " is shown to be under the management of the defendant or his servants, and the (t) See per Sir J. Hannen in The (y) 3 H. & C. 596 ; Byrne v. Elysia, 4 Asp. Mar. Law Cas. 540 ; Boodle,... | |
| Abraham Clark Freeman - Law reports, digests, etc - 1898 - 1034 pages
...(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 defendant...who have the management use proper care, it affords rea^onable evidence, in the absence of explanation by the defendants, that the accident arose from... | |
| Law reports, digests, etc - 1898 - 1260 pages
...60 Wis. 603, 18 NW 742, 20 NW 665. Quoting from a sentence approved in that ease: "When the thing is shown to be under the management of the defendant or his servants, aad the accident is such as, in the ordinary course of things, does not happen if those who have the... | |
| Abraham Clark Freeman - Law reports, digests, etc - 1900 - 1030 pages
...his duty to do or not to do. There must be reasonable evidence of negligence; but where the thing is shown to be under the management of the defendant or his servants, nnd the accident Is such as, in the ordinary course of things, does not happen if those who have the... | |
| Seymour Dwight Thompson - Negligence - 1902 - 1274 pages
...negligence in any relation, is that negligence may be inferred when the thing causing the accident is under the management of the defendant or his servants, and the accident is such as, in the ordinary course of matters, does not happen if those having the management use proper care: Hill... | |
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