 | North Carolina. Supreme Court - 1905 - 922 páginas
...course of things, does not happen if those who have the management use the proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care." The limitations governing the application of the rule are thus stated by Wigmore. (Sec.... | |
 | Victoria. Supreme Court - 1871 - 380 páginas
...defendant or his servant, and the accidents is such as in the ordinary course of things does not happen, if those who have the management use proper care,...explanation by the defendant, that the accident arose from want of care." Now, that was a case in which the negligence proved was that the plaintiff, who was... | |
 | 1871 - 874 páginas
...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 proper care,...explanation by the defendant, that the accident arose from want of care." So in Ourtis v. The Rochester and Syracuse Railroad Company, 18 NY 543, the Court of... | |
 | Ohio. Supreme Court - 1906 - 660 páginas
...have injured any one, is enough to make out a presumption of negligence. When a thing which causes the injury is shown to be under the management of the...explanation by the defendant, that the accident arose from want of care." The following cases selected at random from a much longer list, will serve to illustrate... | |
 | 1917 - 510 páginas
...(7) "The doctrine of res ipsa loquitur does not apply with the same fullness and weight In is this: "When a thing which causes injury is shown to be under...explanation by the defendant, that the accident arose from want of care."8 If a passenger in the train of a common carrier is injured by the derailment of the... | |
 | Francis Wharton - 1874 - 960 páginas
...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,...explanation by the defendant, that the accident arose from the want of proper care.' The burden of proof on the issue of negligence is not changed by this rule.... | |
 | 1918 - 2060 páginas
...have injured any one, is enough to make out a presumption of negligence. When a thing which causes the injury is shown to be under the management of the...explanation by the defendant, that the accident arose from want of care." • The plaintiffs' statement sufficiently states a cause of action, and defendant's... | |
 | Edmond Robert Turner - 1882 - 210 páginas
...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 proper care,...explanation by the defendant that the accident arose from want of care." The learned judge said that under the old law there would have been a good defence to... | |
 | United States. Circuit Court (6th Circuit), William Searcy Flippin - 1882 - 836 páginas
...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 proper care,...of explanation by the defendant, that the accident aro e from want of care. 13. COLLISION is DAYLIGHT — PRESUMPTION.— When the collision occur? in... | |
 | New York (State). Superior Court (New York), James Clark Spencer, Samuel Jones - 1883 - 646 páginas
...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 proper care,...explanation by the defendant, that the accident arose from want of care." The learned counsel for appellant disagrees to these propositions only in saying that... | |
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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... 
