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" 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 193
1923
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Reports of Cases Heard and Determined by the Judicial Committee ..., Volume 6

Great Britain. Privy Council. Judicial Committee, Edmund F. Moore - Law reports, digests, etc - 1864 - 596 pages
...thing, being under the management of the Defendant, the accident is such as in the ordinary course does not happen if those who have the management use proper care, it afforded reasonable evidence, in the absence of explanation, that the accident arose from want of care...
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Reports of Cases Heard and Determined by the Judicial Committee ..., Volume 6

Great Britain. Privy Council. Judicial Committee, Edmund F. Moore - Law reports, digests, etc - 1870 - 598 pages
...thing, being under the management of the Defendant, the accident is such as in the ordinary course does not happen if those who have the management use proper care, it afforded reasonable evidence, in the absence of explanation, that the accident arose from want of care...
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The Exchequer Reports: Reports of Cases Argued and ..., Volume 3; Volume 140

Edwin Tyrrell Hurlstone, Francis Joseph Coltman, Great Britain. Court of Exchequer - Law reports, digests, etc - 1866 - 1072 pages
...accident is such as in in that behalf that the same came and fell upon and against the ordinary course of things does not happen if those who have the management...defendant, that the accident arose from want of care. In an action against a dock Company for injury to the plaintiff by their alleged negligence the plaintiff...
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The Journal of Jurisprudence, Volume 10

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...
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North Carolina Reports: Cases Argued and Determined in the ..., Volume 140

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...
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The Australian Jurist Reports: Supreme Court of the Colony of Victoria, Volume 1

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...
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Railway Passengers and Railway Companies: Their Duties, Rights and Liabilities

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,...
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Albany Law Journal, Volume 24

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...
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Albany Law Journal, Volume 26

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,...
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The New Zealand Law Reports, Volume 18

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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