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" 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... "
North Carolina Reports: Cases Argued and Determined in the Supreme Court of ... - Page 282
by North Carolina. Supreme Court - 1907
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The American Law Register, Volume 10

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...
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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
...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...
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Reports of Cases Argued and Determined in the Supreme Court of Ohio, Volume 74

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...
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The Central Law Journal, Volume 84

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...
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A Treatise on the Law of Negligence

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....
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A Treatise on the Employers' Liability Act, 1880: 43 & 44 ..., Volume 945

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...
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Reports of Cases Argued and Determined in the Circuit and District ..., Volume 2

United States. Circuit Court (6th Circuit), William Searcy Flippin - District courts - 1882 - 836 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 aro e from want of care. 13. COLLISION is DAYLIGHT — PRESUMPTION.— When the collision occur? in...
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Reports of Cases Argued and Determined in the Superior Court of ..., Volume 48

New York (State). Superior Court (New York), James Clark Spencer, Samuel Jones - Law reports, digests, etc - 1883 - 646 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 counsel for appellant disagrees to these propositions only in saying that...
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Albany Law Journal, Volume 26

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....
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Albany Law Journal, Volume 29

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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