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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 Law Journal Reports, Volume 50, Part 2

Law reports, digests, etc - 1881
...in the ordinary course of things does not happen to those who have the management of machinery and use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care." But this was in reference to a case where some...
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The Canadian Law Times, Volume 5

Canada - 1885
...have the management use proper care, it affords reasonable evidence, in the absence of explanations by the defendant, that the accident arose from want of care. This case is cited with approbation, 11 Wall. 129, and in MMen v. St John (c). Plaintiff was injured by...
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A Treatise on the Employers' Liability Act, 1880: 43 & 44 ..., Volume 945

Edmond Robert Turner - Agency (Law) - 1882 - 182 pages
...himself when at the bar (&) of which the marginal note runs as follows: " Where the thing is shewn to be under the management of the defendant or his...defendant that the accident arose from want of care." The learned judge said that under the old law there would have been a good defence to the action, but...
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Reports of Cases Decided by the English Courts: With Notes and ..., Volume 29

Nathaniel Cleveland Moak - Law reports, digests, etc - 1882
...opinion of the majority of the judges, says: "There must be reasonable evidenceof 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." [DKNMAN, J.: That was the case of an inanimate...
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Reports of Cases Argued and Determined in the Circuit and District ..., Volume 2

United States. Circuit Court (6th Circuit), William Searcy Flippin - District courts - 1882
...remains on the parly on whom it rested in the beginning. 3. TRUE RfLB AS TO NEGLIGENCE.— When the thiug 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 management uso proper care, it...
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Reports of Cases Argued and Determined in the Superior Court of ..., Volume 48

New York (State). Superior Court (New York), James Clark Spencer, Samuel Jones - Law reports, digests, etc - 1883
...Mullen v. St. John (57 NY 571), is to the same effect, and among other points quotes this proposition: "Where the thing is shown to be under the management...defendant, that the accident arose from want of care." The learned counsel for appellant disagrees to these propositions only in saying that they are to be...
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Carriers' Law: Relating to Goods and Passenger Traffic on Railways, Canals ...

Edmund B. Ivatts - Carriers - 1883 - 1127 pages
...C., 601). ' There must,' says Justice Erie in this case, ' 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.' " Judgment against the Company. — Tried in...
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Albany Law Journal, Volume 26

Law - 1883
...court said there must be reasonable evidence of negligence; but where the thing is shown to bounder the management of the defendant or his servants, and the accident is such as, iu the ordinary course of things, does not happen if those who have the management use proper care,...
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Albany Law Journal, Volume 29

Law - 1884
...priina facie case. The court based its decision upon the same principle of human experience. " But when the thing is shown to be under the management of the...explanation by the defendant that the accident arose from a want of care." The case of Oee V. Metropolitan R. Co., L. &., 8 QB 161, is very similar to that of...
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Albany Law Journal, Volume 29

Law - 1884
...-Ħirimu facie case. The court based its decision upon the same principle of human experience. " But wheu the thing is shown to be under the management of the...explanation by the defendant that the accident arose from a want of care." The case of Gee v. Metropolitan IÎ. Co., L. II., 8 QB 161, is very similar to that...
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