 | Missouri. Courts of Appeals - 1893 - 800 страница
...carrier 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,...the defendant, that the accident arose from want of proper care. Dougherty v. Railroad, 9 Mo. App. 478; sc, affirmed, 81 Mo. 325, 329, and cases cited.... | |
 | Vermont. Supreme Court - 1894 - 786 страница
...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 use proper care,...explanation by the defendant, that the accident arose from the want of care.' Scott v. London, etc., Docks Co., 3 Hurl. & C. 596; and see, to the same effect,... | |
 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1894 - 694 страница
...means, appliances, men or apparatus employed by such carrier in the transporation, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from the want of proper care. Hence, the rule is well settled that in an action by a passenger for personal... | |
 | William John Tossell - 1918 - 748 страница
...error. This court is of the opinion that this ease comes within the rule of res ipaa loquitur. "Where a thing which causes the injury is shown to be under...defendant that the accident arose from want of care." Cincinnati Trac. Co. v. IJolzenlamp, 74 Ohio St. 379 [78 NE Rep. 529; 6 LRA (NS) 800; 113 Am. St. Rep.... | |
 | 1897 - 830 страница
...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, use proper care,...defendant, that the accident arose from want of care." In the case at bar the thing which obstructed the passage in the car was evidently the personal baggage... | |
 | 1895 - 1200 страница
...things, does not happen if those who have the management use proper care, it affords reasonable evidence of explanation by the defendant that the accident arose from want of care. Scott v. Docks Co., 10 Jur. (NS) 1108; Briggs v. Oliver, 4 Hurl. & C. 407; Mullen v. St. John, 57 NT... | |
 | William John Tossell - 1905 - 832 страница
...have the management use proper care, it affords reasonable evidence of negligence in the absence of an explanation by the defendant, that the accident arose from want of care." Scott v. London & St. Catherine Docks Co., 3 Hurlstone and Coltman, 596. This principle seems to have... | |
 | William John Tossell - 1911 - 774 страница
...a thing which causes the injury is shown to Be under the manage42 OCC Vol. 31 Hamilton County. ment of the defendant, and the accident is such as in the...defendant, that the accident arose from want of care. The act relied upon as a proximate cause of the injury both in the petition and the evidence is the use... | |
 | 1896 - 1216 страница
...the case within the rule that, where the thing which causes an accident is controlled or managed by the defendant, "and the accident is such as, in the...defendant, that the accident arose from want of care." Scott v. Docks Co., 3 Hurl. & C. 596; Bridges v. Railway Co., LR 6 QB 377, 391; Mullen v. St. John,... | |
 | New York (State). Supreme Court. Appellate Division - 1898 - 778 страница
...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 use proper care,...defendant, that the accident arose from want of care." The case of Green v. Banta (supra) was affirmed upon the opinion of the court below in 97 Xew York, (327,... | |
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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 management use... 
