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" 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 215
1913
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The Australian Jurist Reports: Supreme Court of the Colony of Victoria, Volume 1

Victoria. Supreme Court - Law reports, digests, etc - 1871
...adduce reasonable evidence of negligence to warrant the judge in leaving the case to the jury, but that where the thing is shown to be under the management of the defendant or his servant, and the accidents is such as in the ordinary course of things does not happen, if those who...
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Reports of Cases Decided in the Court of Appeals of the State of ..., Volume 46

New York (State). Court of Appeals, Hiram Edward Sickels - Law reports, digests, etc - 1872
...evidence." (Curtis v. Rock, and Syr. RR Co., 18 NY, 543.) So, in the Exchequer Chamber, it was held, that where the thing is shown to be under the management of the defendant, and the accident is such as, in the ordinary course of things, does not happen, if those who have the...
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Reports of Cases Argued and Determined in the Supreme Court of Ohio, Volume 74

Ohio. Supreme Court - Law reports, digests, etc - 1906
...and the acciOpinion of the Court. dent is such as, in the ordinary course of things, does not happen if those who have the management use proper care,...defendant, that the accident arose from want of care." In Richmond Ry., etc., Co. v. Hudgins, 100 Va., 409, the plaintiff's horse took fright from the sudden...
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The Central Law Journal, Volume 46

Law - 1898
...in Scott v. Dock Co. (1865), 3 Hurl. & C. 596: 'There must be reasonable evidence of negligence. But where the thing is shown to be under the management...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...
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A Treatise on the Law of Negligence

Francis Wharton - Electronic books - 1874 - 889 pages
...class of cases rests upon the plaintiff was fully recognized, but the rule was laid down thus : ' If 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 does not happen if those who have the management use proper care, it affords reasonable...
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Leading Cases on the Law of Torts Determined by the Courts of America and ...

Melville Madison Bigelow - Torts - 1875 - 754 pages
...majority of the court had come to the following conclusions : There must be evidence of negligence. But where the thing is shown to be under the management...reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care. The learned Chief Justice added that he and...
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A Treatise on the Law of Bailments: Contracts Connected with the Custody and ...

Isaac Edwards - Bailments - 1878 - 656 pages
...nature of tho accident, or from the conduct and relation of the parties, when the loss occurred.2 " If a thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course docs not happen if those who have the management use proper care, it affords reasonable...
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A Summary of the Law of Torts, Or, Wrongs Independent of Contract

Sir Arthur Underhill - Torts - 1878 - 268 pages
...Wlnte, 11 CB, NS 588; Toomey v. L. $ BR Co., 3 CB, NS 146). Exception. Where, however, a thing is solely under the management of the defendant or his servants, and the accident is such as, in the ordinary course of events, does not happen to those having the management of such things, and use...
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A Manual of the Law Relating to Shipping and Admiralty: As Determined by the ...

Robert Desty - Admiralty - 1879 - 553 pages
...Argus, Olcott, 313; The Harriet, 1 W. Bob. 182; The Celt, 3 Hagg. Adm. 321. 382. Negligence. — When 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, with proper care, does not happen, it is evidence in the absence of...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 245-246

Law reports, digests, etc - 1918
...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,...defendant, that the accident arose from want of care." • The plaintiffs' statement sufficiently states a cause of action, and defendant's motion is therefore...
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