 | Ohio. Circuit Court - Law reports, digests, etc - 1905 - 726 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, that the accident arose from want of care." This doctrine has been applied... | |
 | Law - 1905 - 984 pages
...defendant or its 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 an explanation by defendant, that the accident arose from want of care. For instance,... | |
 | Law reports, digests, etc - 1905 - 1016 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... | |
 | California. Supreme Court - Law reports, digests, etc - 1906 - 796 pages
...OF ORDINARY COURSE — CONTRACTUAL RELATION NOT NECESSABY. — When a thing which causes injury IB shown to be under the management of the defendant,...use proper care, it affords reasonable evidence, in the absence of an explanation by the defendant, that the acddent arose from want of care, and no question... | |
 | Railroad law - 1906 - 992 pages
...defendant or his servant, 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." This doctrine was held to be applicable to... | |
 | Thomas Atkins Street - Actions and defenses - 1906 - 542 pages
...or his servants, and the houseaccident 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." ' 2. Mullen v. St. John ( 1874) : ' The plaintiff,... | |
 | Law reports, digests, etc - 1906 - 1298 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 explanations by the defendants, that the accident arose from want of care." The limitations... | |
 | John William Wallace - Law reports, digests, etc - 1871 - 722 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, iu the absence of explanation by tiie defendant, that the accident arose from want of care." So in... | |
 | Thomas McIntyre Cooley - Torts - 1907 - 1036 pages
...negligence from injury to a passenger is an illustration of a general rule which may be thus stated: When 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 want of care. 41 The rule... | |
 | Canada - 1907 - 1242 pages
...defendant or his servants, and the accident is such as in the ordinary course of tilings 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 proper care." The case of Briggs v. Oliver (1866),... | |
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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... 
