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, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident... The Saskatchewan Law Reports - Page 1931923Full view - About this book
| Law - 1866 - 722 pages
...injury.—(Gray v. 1'ullen and Ilubhle, 34 LJ, QB 265.) NEGLIGENCE.—Where a machine is solely under charge of defendant or his servants, and the accident is such as, in the ordinary course of tilings, does not happen to those who have the charge of machinery and use proper care, it affords... | |
| North Carolina. Supreme Court - Law reports, digests, etc - 1905 - 922 pages
...management of the defendant or his servants and the accident is such that, as in the ordinary course of 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... | |
| Victoria. Supreme Court - Law reports, digests, etc - 1871 - 380 pages
...the management of the defendant or his servant, and the accidents is such as in the ordinary course of things does not happen, if those who have the management...defendant, that the accident arose from want of care." Now, that was a case in which the negligence proved was that the plaintiff, who was an officer of the... | |
| Louis Arthur Goodeve - Railroad law - 1876 - 180 pages
...own line ((?) ; in such ~~ cases it may be said that the accident is such as in the ordinary course does not happen if those who have the management use proper care, and therefore the mere happening of the accident affords reasonable evidence, in the absence of explanation,... | |
| Law - 1881 - 572 pages
...tho management of the defendant or his servants, and the accident is euch »a iu the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, lu the absence of explanation by the defendants, that the accident arose from want of care, " — was... | |
| Law - 1883 - 572 pages
...negligence; but where the thing is shown to be under the management of the defendant or his servants, aud the accident is such as, in the ordinary course of...defendant, that the accident arose from want of care. This case is cited, with approbation, in Transportation Co. v. Downer, 11 Wall. 129. In Mullen v. St. John,... | |
| Courts - 1900 - 982 pages
...is entitled to recover damages. When a thing is shown to be under the management of the d«fendant or his servants, and the accident is such as in the ordinary count of things does not happen if those who have the management use proper care, it affords reasonable... | |
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