 | Albert Parsons - Liability for railroad accidents - 1893 - 244 pages
...Company, 6 Times LR 192 (1890). 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 defendants, that the accident arose from want of care." When it is doubtful whether the nature of the... | |
 | Frederick Pollock - Torts - 1894 - 842 pages
...v. Mayor, 11 Id. 432; Vincent ยป. Cook, 4 Hun, 818; Robinson v. NY Cent. etc. R. Co., 65 Barb. 155. if those who have the management use proper care,...reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care." Therefore if I am lawfully and as of right... | |
 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - Law reports, digests, etc - 1894 - 694 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 for the jury in the absence of explanation by the defendant, that the accident arose from want of proper... | |
 | 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,...reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care."3 This principle appears to cover the two cases... | |
 | 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.... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1896 - 1026 pages
...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,...reasonable evidence, in the absence of explanation by the 1SS defendant, that the accident arose from want of care': Scott v. Dock Co., 10 Jur., K S., 1108;... | |
 | 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,...reasonable evidence in the absence of explanation by the defendants that the accident arose from want of care." The circumstances of the occurrence giving rise... | |
 | 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,...reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care. " " The rule laid down in the foregoing cases... | |
 | Railroad law - 1896 - 772 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, in the absence of explanation bv the defendant, that the accident arose from want of care." T:ic doctrine... | |
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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... 
