...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...

...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...

...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...

...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...

...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...

...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...

...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...

...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...

...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,...

...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...