 | Thomas Beven - Negligence - 1895 - 1072 pages
...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,...explanation by the defendants, that the accident arose from want of care."3 This principle appears to cover the two cases of Hammack v. White' and Byrne v. Boadle.3... | |
 | William John Tossell - Law reports, digests, etc - 1918 - 748 pages
...management of the defendant, and the accident is such as in the ordinary course of things does not happen, if those who have the management use proper care,...reasonable evidence in the absence of explanation by the defendant that the accident arose from want of care." Cincinnati Trac. Co. v. IJolzenlamp, 74 Ohio... | |
 | Law reports, digests, etc - 1897 - 830 pages
...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,...reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care." In the case at bar the thing which obstructed... | |
 | William John Tossell - Law reports, digests, etc - 1905 - 832 pages
...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 of negligence in the absence of an explanation by the defendant, that the accident arose from want... | |
 | Law reports, digests, etc - 1895 - 1200 pages
...carrier or his servants, and the accident is such as, under an ordinary course of things, does not happen if those who have the management use proper care, it affords reasonable evidence of explanation by the defendant that the accident arose from want of care. Scott v. Docks Co., 10 Jur.... | |
 | New York (State). Supreme Court. Appellate Division - Law reports, digests, etc - 1898 - 766 pages
...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,...explanation by the defendants that the accident arose from want of care." The circumstances of the occurrence giving rise to this action are of the most unusual... | |
 | Burr W. Jones - Civil procedure - 1896 - 718 pages
...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,...explanation by the defendants, that the accident arose from want of care. " " The rule laid down in the foregoing cases grows out of the peculiar relation between... | |
 | India, Tarapada Banerji - 1896 - 738 pages
...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,...reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care — Scott v. The London Dock Company, 3 H. and... | |
 | William John Tossell - Law reports, digests, etc - 1911 - 774 pages
...ment of the defendant, and the accident is such as in the ordinary course of things does not happen, if those who have the management use proper care,...reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care. The act relied upon as a proximate cause of the... | |
 | Law reports, digests, etc - 1896 - 916 pages
...and the accident is such as in the ordinary course of things does not happen, if those who have tbe management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from a want of care." See also, on this point, Thomp. Neg. pp. 1227-1235... | |
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J., observed that in order for it to apply "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... 
