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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 Southwestern Reporter - Страница 238
1892
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Cases Determined in the St. Louis and the Kansas City Courts of ..., Том 43

Missouri. Courts of Appeals - 1891
...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, it affords reasonable evidence, in the absence of explananation by the defendant, that the accident arose from want of care." The argument...
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Reports of the Decisions of the Appellate Courts of the State of Illinois, Том 8

Illinois. Appellate Court, James Bolesworth Bradwell - 1892
...of the owner. The doctrine, as applied by the court there, is based upon reasoning like this : 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. For authorities as to the application of the...
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The American and English Encyclopedia of Law, Том 16

John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland - 1892
...thus laid down: "There must besóme reasonable evidence of negligence. But where the thing is shown lo be under the management of the defendant or his servants,...use proper care, it affords reasonable evidence, in the absence of explanation, that the accident arose from want of care." See also Priggs v. Oliver,...
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The Law of Torts: A Treatise on the Principles of Obligations Arising from ...

Frederick Pollock - 1892 - 624 страница
...Chamber in 1865 (/), in these terms : — " 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 (d) In other words (to anticipate (p) Carput v. London $ Brighton part of a special discussion) the...
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A Manual of Railway Law

Francis Montagu Preston - 1892 - 318 страница
...fact of the accident occurring has been held to be evidence of negligence. " Where a thing is solely under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen to those who have the management of machinery, and use...
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The General Principles of the Law of Evidence: With Their Application to the ...

Frank Sumner Rice - 1892 - 1456 страница
...as to raise a presumption of negligence; as where the particular thing causing the injury has been shown to be under the management of the defendant or his servants, and the casualty is such as in the ordinary course of tilings does not happen if those who have the management...
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The Pacific Reporter, Том 33

1893
...The rule recognized by the foregoing authorities л* pertaining to this class of accidents Is, where the thing Is shown to be under the management of the...happen If those who have the management use proper pare, It affords reasonable evidence. In the absence of explanation by the defendant, that the accident...
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The Pacific Reporter, Том 33

1893
...recognized by the foregoing authorities ¡is pertaining to this class of accidents Is, where the thing IB shown to be under the management of the defendant...happen If those who have the management use proper eare, It affords reasonable evidence, In the absence of explanation by the defendant, that the accident...
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Cases Determined in the St. Louis and the Kansas City Courts of ..., Том 50

Missouri. Courts of Appeals - 1893
...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,...reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of proper care. Dougherty v. Railroad, 9 Mo. App. 478;...
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The Liability of Railway Companies for Negligence Towards Passengers

Albert Parsons - 1893 - 196 страница
...implied in the judgment of Erie, CJ in the case of Scott v. The London Docks Company (b) (1865). " Where the thing is shown to be under the management of the defendant or his servants, and (a) Cohen v. Metropolitan Railway Company, 6 Times LR 192 (1890). the accident is such as, in the ordinary...
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