 | William John Tossell - Law reports, digests, etc - 1905 - 892 pages
...defendant or hia 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, that the accident arose from want of care." This doctrine has been applied... | |
 | James Henry Deering - Law reports, digests, etc - 1896 - 584 pages
...management of 'the defendant, and the accident is euch 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 an explanation by the defendant, that the accident arose from want of caire, and no... | |
 | Railroad law - 1897 - 840 pages
...in this case, the thing causing the accident is shown to be in the possession and under the control of the defendant, and the accident is such as, in...who have the management use proper care, it affords Olson v. Great Northern Ry. Co. (Ns) reasonable evidence, in the absence of explanation by the defendant,... | |
 | Norman Fetter - Carriers - 1897 - 874 pages
...defendant or his servants, and the accident be 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 defendant, that the accident arose from want of care." 4 This principle has been applied with full... | |
 | West Virginia. Supreme Court of Appeals, Edgar P. Rucker - Law reports, digests, etc - 1898 - 942 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." In those words it is approved in 1895 in Shafer... | |
 | Arthur Robinson - Employers' liability - 1898 - 164 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. 1871, Kearney v. LB $ SCR Co., LE, 6 QB 759;... | |
 | 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 - 1900 - 710 pages
...upon the defendant the duty of showing that he was free from fault. The rule seems to be that whenever a thing which causes injury is shown to be under the...use proper care, it affords reasonable evidence, in the absence of an explanation by the defendant, that the accident arose from a want of care : Scott... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1900 - 1030 pages
...upon the pipe when it burst the third time. NEGLIGENCE—PRESUMPTION OF, FROM ACCIDENT.— Whenever a thing which causes Injury Is shown to be under the...use proper care, It affords reasonable evidence, in the absence of an explanation by the defendant, that the accident arose from a want of care. Action... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1900 - 1040 pages
...management of the defendant, and the accident Is such as in the 3rd! nary course of things does not happen If those who have the management use proper care, it affords reasonable evidence, in the absence of an explanation by the defendant, that the accident arose rrom a want of care. A ction... | |
 | Law reports, digests, etc - 1910 - 812 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." So in this case, the unexplained fall of the... | |
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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... 
