| Law - 1871 - 874 pages
...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 arose from want of care." So in Ourtis v. The Rochester and Syracuse Railroad Company, 18 NY 543, the Court of... | |
| Victoria. Supreme Court - Law reports, digests, etc - 1871 - 380 pages
...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 arose from want of care." Now, that was a case in which the negligence proved was that the plaintiff, who was... | |
| Ohio. Supreme Court - Law reports, digests, etc - 1906 - 660 pages
...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 arose from want of care." The following cases selected at random from a much longer list, will serve to illustrate... | |
| Law - 1917 - 510 pages
...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 arose from want of care."8 If a passenger in the train of a common carrier is injured by the derailment of the... | |
| Francis Wharton - Negligence - 1874 - 960 pages
...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 by the defendant, that the accident arose from the want of proper care.' The burden of proof on the issue of negligence is not changed by this rule.... | |
| Edmond Robert Turner - Agency (Law) - 1882 - 210 pages
...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 arose from want of care." The learned judge said that under the old law there would have been a good defence to... | |
| Law - 1883 - 572 pages
...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 arose from want of care. This case is cited, with approbation, in Transportation Co. v. Downer, 11 Wall. 129.... | |
| Law - 1884 - 552 pages
...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...defendant that the accident arose from a want of care." The case of Oee V. Metropolitan R. Co., L. &., 8 QB 161, is very similar to that of Kearney v. London,... | |
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