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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 American and English Railroad Cases: A Collection of All Cases in the ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1886
...or his servants, " and the accident is such as, under an 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. Scott v. Dock Co., 10 Jur. (NS) 1108 ; Briggs v. Oliver, 4 Hurl. & Col. 407 ; Mullen v. St. John, 57...
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The Atlantic Reporter, Volume 101

Law reports, digests, etc - 1917
...go upon the principle that, "Where a thing Is shown to be under the management of the defendant and his servants, and the accident is such as in the ordinary...those who have the management use proper care, It offers reasonable evidence, in the absence of explanation by the defendant, that the accident arose...
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The Atlantic Reporter, Volume 32

Law reports, digests, etc - 1895
...defendants, and the accident is such as, in the ordinary course of things, does not happen if uiose who have the management use proper care, it affords...reasonable evidence, in the absence of explanation by the defendants, that the accident arose from a want of care." See, also, on this point, Thomp. Neg. pp....
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Atlantic Reporter, Volume 83

Law reports, digests, etc - 1912
...proper case for the application of the doctrine of res ipsa loquitur was thus stated by Judge Roberts: "Where the thing is shown to be under the management of the defendant or his servant, and the accident is such as, in the ordinary course of things, does not happen, if those who...
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Atlantic Reporter, Volume 108

Law reports, digests, etc - 1920
...proper care, and the circumstances surrounding It were such as to create a reasonable probability, in the absence of explanation by the defendant, that the accident arose from want of proper care. Con108 A.-22 sequently, the principle res Ipsa loquitur le applicable. Houston v. Brush...
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Atlantic Reporter, Volume 29

Law reports, digests, etc - 1894
...61 Wis. 531, 21 NW 633; Breen v. Railroad Co., 109 NY 297, 16 NE 60. Or, as expressed in an English case, 'Where the thing is shown to be under the management of the defendant er his servants, and the accident is such as, in the ordinary course of things, does not happen if...
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Atlantic Reporter, Volume 106

Law reports, digests, etc - 1919
...Dock Co., 3 Hurl. & Colt, 596, where it is said: 'There must be reasonable evidence of negligence. But where the thing is shown to be under the management of the defendant or its servants, and the accident is such as, in the ordinary course of things, does not happen if those...
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The Atlantic Reporter, Volume 86

Law reports, digests, etc - 1913
...Scott v. Londo^Dock Co., 3 Hurl. & Co., 596: "There must be reasonable evidence of negligence. But where the thing is shown to be under the management of the defendímt or its servants, and the accident is such as, in the ordinary course of things, does not...
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The Southwestern Reporter, Volume 17

Law reports, digests, etc - 1892
...rebutted) obtains that the flre, and the consequent loss, were caused by the negligence of appellant. "When the thing is shown to be under the management of the...reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of 'care. " Rintoul v. Railroad Co.. 17 Fed. Rep. 905....
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The Southwestern Reporter, Volume 167

Law reports, digests, etc - 1914
...M., K. & T. Ry. Co., 90 Tex. 314, 38 SW 764: "Where the particular thing causing the injury has been shown to be under the management of the defendant,...use proper care, it affords reasonable evidence, in the absence of explanation, that the accident arose from want of care." It was the duty of appellant,...
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