The court said 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 Pacific Reporter - Page 2151913Full view - About this book
| Law reports, digests, etc - 1869 - 1032 pages
...conclusion : that there must be reasonable evidence of negligence ; that where the thing is solely under the management of the defendant or his servants, and the accident is such as, in the ordinary course of things, does not happen to those who have the management of machinery and use... | |
| Law - 1866 - 1074 pages
...(affirming the decision of the Court of Exchequer), that where tlie thing which causes the accident is shewn to be under the management of the defendant or his servants, and the accident is such as would not happen in the ordinary course of management, the accident itself, if unexplained, is reasonable... | |
| Isaac Fletcher Redfield - Railroad law - 1867 - 930 pages
...was here declared by the Exchequer Chamber, that where the thing which causes the accident is known to be under the management of the defendant or his servants, and the accident is such as would not happen in the ordinary course of management, the accident itself, if unexplained, is reasonable... | |
| Isaac Fletcher Redfield - Railroad law - 1867 - 944 pages
...was here declared by the Exchequer Chamber, that where the thing which causes the accident is known to be under the management of the defendant or his servants, and the accident is *uch as would not happen in the ordinary course of management, the accident itself, if unexplained,... | |
| North Carolina. Supreme Court - Law reports, digests, etc - 1905 - 922 pages
...London Dock Co., 3 H. & C. (Com. LRUS, 134,) said: "There must be some evidence of negligence, but when the thing is shown to be under the management of the...defendant or his servants and the accident is such that, as in the ordinary course of things, does not happen if those who have the management use the... | |
| Law - 1890 - 542 pages
...explanations, is of itself evidence of negligence. It is urged that where the instrument or machinery is shown to be under the management of the defendant...defendant, that the accident arose from want of care. But instances are not (infrequent of steam-boiler explosions where there has been no want of ordinary... | |
| Law - 1881 - 572 pages
...London Dock Co., 3 H. & C. 59G; 34 LJ (Ex.) 220, "There must be reasonable evidence of negligence. But where the thing is shown to be under the management...defendant or his servants, and the accident is such us in the ordinary course of things does not happen if those who have the management use proper care,... | |
| Law - 1881 - 572 pages
...LJ (Ex.) ZX>, "There must be reasonable evidence of negligence. But where the thing is shown to bo under the management of the defendant or his servants, and the accident is such из iu the ordinary course of things does not bap)>eii if those who have the management use proper... | |
| Law - 1871 - 874 pages
...warehouse by the defendant, and the court said, " There must be reasonable evidence of negligence ; tut where the thing is shown to be under the management...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 Appeals of New... | |
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