| Vermont. Supreme Court - Law reports, digests, etc - 1894 - 786 pages
...Wis. 531 ; Breen v. New York, etc., RR Co., 109 NY 297. Or, as expressed in an English case, '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 proper care,... | |
| Frederick Pollock - Torts - 1894 - 842 pages
...Chamber in 1865 (/), 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. A C. 696, 34... | |
| Abraham Clark Freeman - Law reports, digests, etc - 1894 - 1024 pages
...The rule recognized by the foregoing authorities as pertaining to this class of accidents IB 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 proper care;... | |
| Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - Law reports, digests, etc - 1894 - 694 pages
...negligence to warrant the judge in submitting the case to the jury. "But when the cause of the accident 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 proper care,... | |
| William John Tossell - Law reports, digests, etc - 1918 - 748 pages
...some reasonable 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,... | |
| William John Tossell - Law reports, digests, etc - 1905 - 832 pages
...apply. In reaching that conclusion I relied in a large measure upon the class of cases which hold that " when the thing is shown to be under the management...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,... | |
| Thomas Beven - Negligence - 1895 - 1072 pages
...by Erle, CJ, in the Exchequer Chamber, in Scott v. London and St. Katharine Docks Company:3 "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 proper care,... | |
| Law reports, digests, etc - 1897 - 830 pages
...must be reasonable evidence of negligence ; but where the thing [meaning the thing causing the injury] 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 proper care,... | |
| Abraham Clark Freeman - Law reports, digests, etc - 1896 - 1066 pages
...Scott v. London etc. Dockt Co., 3 Hurl. & C. 596, it was aaid by the court: "There must be reasonable evidence of negligence. But when the thing is shown...defendant or his servants, and the accident is such as in the ordinary course of tilings does not happen if those who have the management use proper care,... | |
| India, Tarapada Banerji - 1896 - 738 pages
...sufficient proof of negligence — Shieldt v. Wilkinson, 1. LR 9 All. 398. (6). There must be reasonable evidence of negligence. But when the thing is shown...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,... | |
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