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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 of Railway Companies: Being a Collection of the Acts and Orders ...

John Hutton Balfour Browne, Sir Henry Studdy Theobald - Railroad companies - 1888 - 916 pages
...showing that reasonable and proper care loquitur. was taken. The rule is thus stated by Erie, CJ , " 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 " (Scott v. London Dock Co., 3 H. & C. 596 ; 34...
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The New York Supplement

Law reports, digests, etc - 1916
...entire control. The rule in such cases is that, where the thing is shown to be under the control and management of the defendant or his servants, and the...defendant, that the accident arose from want of care. McNulty v. Ludwig & Co., 153 App. Div. 206, 138 NY Supp. 84-90, and cases there cited. Judgment reversed,...
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Wisconsin Reports: Cases Determined in the Supreme Court of Wisconsin, Volume 68

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - Law reports, digests, etc - 1888
...proof, was being operated on the side track. We conclude, therefore, that this is not a case in which "the thing is shown to be under the management of...happen if those who have the management use proper care ; " and hence that there is no presumption that the defendant's employees were negligent. There is...
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Arkansas Reports: Cases Determined in the Supreme Court of the State of ...

Arkansas. Supreme Court - Law reports, digests, etc - 1906
...causing the injury has been shown to have been caused by or under the management of the defendant or its servants, and the accident is such as in the ordinary...use proper care, it affords reasonable evidence, in the absence of explanation, that the accident arose from want of care. "9. If you find from the evidence...
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Arkansas Reports: Cases Determined in the Supreme Court of the State of ...

Arkansas. Supreme Court - Law reports, digests, etc - 1920
...management 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,...explanation by the defendant, that the accident arose from a want of care.' Tested by this rule, no question of contractual relation could ever form an element...
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A Treatise on the Law of Negligence, Volume 1

Thomas Gaskell Shearman, Amasa Angell Redfield - Negligence - 1888
...management 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,...explanation by the defendant, that the accident arose from a want of care.9 Thus, " a explanatory circumstances, negligence will be presumed, and the burden is...
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The New York Supplement

Law reports, digests, etc - 1921
...that- where the defendant owes the plaintiff a duty to use care, and the thing causing the accident is shown to be under the management of the defendant or his servants, and the accident la such that in the ordinary course of things does not occur if those who have the tianagement or control...
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Federal Decisions: Cases Argued and Determined in the Supreme ..., Volume 28

Law reports, digests, etc - 1888
...Condit Transp. Co., g 12, 13. 4. If the boiler explodes under the management of the company or its servants, and the accident is such as, in the ordinary...reasonable evidence, in the absence of explanation by the company, that the accident arose from want of care. The presumption originates from the nature of the...
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Cases Determined in the St. Louis and the Kansas City Courts of ..., Volume 33

Missouri. Courts of Appeals - Law reports, digests, etc - 1889
...evidence tends to show the men on the engine did see, or could have seen plaintiff 's danger. ( 5 ) " Where the thing is shown to be under the management...defendant, 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,...
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The American State Reports: Containing the Cases of General Value ..., Volume 6

Abraham Clark Freeman - Law reports, digests, etc - 1889
...Kapfa v. Orth, Gl Wis. 631; Brten v. New York etc. RR Co., 109 NY 297. Or, as expressed in an English case, "where the thing is shown to be under the management...the defendant or his servants, and the accident is euch as, in the ordinary course of things, docs not happen if those who have the management use proper...
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