...and the accident is such as, in the ordinary course of things, does not happen if those who have tUe management use proper care, it affords reasonable evidence, in the absence of explanation by the de-fendant, that the accident arose from want of care." And among the American cases cited and relied...

...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...

...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...

...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...

...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...

...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...

...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,...reasonable evidence, in the absence of explanation by the defendant, that the accident arose from a want of care.' Tested by this rule, no question of contractual...

...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,...reasonable evidence, in the absence of explanation by the defendant, that the accident arose from a want of care.9 Thus, " a explanatory circumstances, negligence...

...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...

...were lowered to the ground. The court said there must be reasonable evidence of negligence; but 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 case is cited with approbation in Transp....