 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - Law reports, digests, etc - 1912 - 966 pages
...loquitur. No reason is given by any witness for the fall of the tank. Where a thing which causes the injury is shown to be under the management of the defendant, and the accident is such as in the ordinary course of things does not happen if those who had the management of it used proper care,... | |
 | Law reports, digests, etc - 1909 - 1362 pages
...(volume 2 [3d Ed.] p. 1424) says: "The rule known as 'res Ipsa loquitur' may be thus stated: When the thing which causes Injury is shown to be under the...management of the defendant, and the accident Is such as In the ordinary courseof things does not happen if those who have the management use proper care, it affords... | |
 | Law reports, digests, etc - 1913 - 1344 pages
...the doctrine of res ipsa loquitur, which is the rule that where the thing which causes the injury is under the 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 or control use proper... | |
 | Law reports, digests, etc - 1908 - 1354 pages
...negligence and want of care of appellant's servants, and the burden was upon it to show to the contrary. When a thing which causes Injury Is shown to be under the management oí defendant. and the accident Is such as in the ordinary course of things does not happen, If those... | |
 | Law reports, digests, etc - 1891 - 1076 pages
...the carelessness of the defendant. It is undoubtedly true that where a thing that Cc'iuses injviry is shown to be under the management of the defendant, and the accident is one that in the ordinary course of events does not happen, it affords reasonable evidence that the... | |
 | Edwin Ames Jaggard - Torts - 1895 - 702 pages
...proof of some contract or undertaking, and damage, makes out a prima facie case; (b) Where the thing is shown to be under the management of the defendant,...if those who have the management use proper care; and There is logically applied to the law of negligence the ordinary rule governing the production... | |
 | William Benjamin Hale - Torts - 1896 - 700 pages
...proof of some contract or undertaking, and damage, makes out a prima facie case; (b) Where the thing is shown to be under the management of the defendant,...happen if those who have the management use proper care;191 and (c) Where this rule is changed by statute. The burden of proving negligence is on the... | |
 | Law reports, digests, etc - 1896 - 916 pages
...upon the defendant the burden of establishing his freedom from fault." "When a thing which causes the injury is shown to be under the management of the defendant, and the accident is such as in the ordinary course of things does not happen, if those who have tbe management use proper care, it... | |
 | William John Tossell - Law reports, digests, etc - 1920 - 706 pages
...evidence of negligence, and T will state to you that it is the law that when a thing which causes the injury is shown to be under the management of the defendant and the accident is such that in the ordinary course of things does not happen if those who have the management use proper care,... | |
 | Railroad law - 1897 - 840 pages
...in this case, the thing causing the accident is shown to be in the possession and under the control of the defendant, and the accident is such as, in...who have the management use proper care, it affords Olson v. Great Northern Ry. Co. (Ns) reasonable evidence, in the absence of explanation by the defendant,... | |
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When a thing which causes injury is shown to be under the 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, it affords reasonable 1 48 Am. St. Rep.... 
