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... The Canadian Law Times - Page 2961915Full view - About this book
| Law reports, digests, etc - 1869 - 1040 pages
...conclusion : that there must be reasonable evidence of negligence ; that where the 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... | |
| Law - 1866 - 1074 pages
...(affirming the decision of the Court of Exchequer), that where tlie thing which causes the accident is shewn to be under the management of the defendant or his servants, and the accident is such as would not happen in the ordinary course of management, the accident itself, if unexplained, is reasonable... | |
| Isaac Fletcher Redfield - Railroad law - 1867 - 930 pages
...was here declared by the Exchequer Chamber, that where the thing which causes the accident is known to be under the management of the defendant or his servants, and the accident is such as would not happen in the ordinary course of management, the accident itself, if unexplained, is reasonable... | |
| Isaac Fletcher Redfield - Railroad law - 1867 - 944 pages
...was here declared by the Exchequer Chamber, that where the thing which causes the accident is known to be under the management of the defendant or his servants, and the accident is *uch as would not happen in the ordinary course of management, the accident itself, if unexplained,... | |
| North Carolina. Supreme Court - Law reports, digests, etc - 1905 - 922 pages
...In 1865 Erie, CJ, in Scott v. London Dock Co., 3 H. & C. (Com. LRUS, 134,) said: "There must be some evidence of negligence, but when the thing is shown...defendant or his servants and the accident is such that, as in the ordinary course of things, does not happen if those who have the management use the... | |
| Law - 1881 - 572 pages
...Dock Co., 3 H. & C. 59G; 34 LJ (Ex.) 220, "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 us in the ordinary course of things does not happen if those who have the management use proper care,... | |
| Law - 1881 - 572 pages
...LJ (Ex.) ZX>, "There must be reasonable evidence of negligence. But where the thing is shown to bo under the management of the defendant or his servants, and the accident is such из iu the ordinary course of things does not bap)>eii if those who have the management use proper... | |
| Victoria. Supreme Court - Law reports, digests, etc - 1871 - 380 pages
...reasonable evidence of negligence to warrant the judge in leaving the case to the jury, but that where the thing is shown to be under the management of the defendant or his servant, and the accidents is such as in the ordinary course of things does not happen, if those who... | |
| New York (State). Court of Appeals, Hiram Edward Sickels - Law reports, digests, etc - 1872 - 788 pages
...(Curtis v. Rock, and Syr. RR Co., 18 NY, 543.) So, in the Exchequer Chamber, it was held, that where the thing 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... | |
| Francis Wharton - Negligence - 1874 - 960 pages
...class of cases rests upon the plaintiff was fully recognized, but the rule was laid down thus : ' If 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 does not happen if those who have the management use proper care, it affords reasonable... | |
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