 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 Southwestern Reporter - Страница 2381892Пуни преглед - О овој књизи
 | United States. Circuit Court (6th Circuit), William Searcy Flippin - 1882 - 836 страница
...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... | |
 | New York (State). Superior Court (New York), James Clark Spencer, Samuel Jones - 1883 - 646 страница
...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 of the...reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care." The learned counsel for appellant disagrees... | |
 | 1883 - 572 страница
...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,... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1884 - 684 страница
...exercised, then the carrier must show that such care was exercised. In one case it was said: " But where the thing is shown to be under the management of the...explanation by the defendants, that, the accident arose from the want of care." Scott v. London, dc., Co., 3 H. & C. (Exchequer) 596. Of the case cited, a judge,... | |
 | 1884 - 552 страница
...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...reasonable evidence, in the absence of explanation by the defendant that the accident arose from a want of care." The case of Oee V. Metropolitan R. Co., L.... | |
 | 1884 - 554 страница
...-¡irimu 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...reasonable evidence, in the absence of explanation by the defendant that the accident arose from a want of care." The case of Gee v. Metropolitan IÎ. Co., L.... | |
 | 1913 - 1236 страница
...speaks.' The meaning was thus expressed by Erle, J., in giving bis judgment in a noted case: 'Where the thing is shown to be under the management of the...reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.' This definition has met with such approval at... | |
 | Herbert Broom, Herbert Francis Manisty, Charles Francis Cagney - 1884 - 1078 страница
...evidence of negligence on the part of the defendants' servants to go to the jury, on the ground that where the thing is shown to be under the management of the...use proper care, it affords reasonable evidence, in the absence of explanatioii by the defendants, that the accident arose from want of care (r) ; similarly,... | |
 | John Mews - 1884 - 1048 страница
...Ei. Ch. liut where the instrument or machinery is shewn to be under the management of theUefendant or his servants, and the accident is such as in the...reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care. Ib. hi an action against a dock company for injury... | |
 | 1919 - 1026 страница
...from the falling of goods from a train), said: 'There must be reasonable evidence of negligence, but, when the thing is shown to be under the management...defendant or his servants and the accident is such as in the ordinary course of things does not happen when those who have the management use proper care, it... | |
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