 | 1881 - 846 páginas
...in the ordinary course of things does not happen to those who have the management of machinery and use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care." But this was in reference to a case where some... | |
 | 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,...reasonable evidence, in the absence of explanation by the defendants, that the accident aruse from want of care." To the same effect are many other cases. In... | |
 | Nathaniel Cleveland Moak - 1882 - 896 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,...reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care," — was applied to a bale of goods slung from... | |
 | Edmund B. Ivatts - 1883 - 1168 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,...reasonable evidence, in the absence of explanation by the Defendants, that the accident arose from want of care.' " Judgment against the Company. — Tried in... | |
 | 1920 - 1156 páginas
...defendant is one which in its practical application results only in shifting the burden of proof. "When a thing which causes injury is shown to be under the...absence of explanation by the defendant, that the accl£=>For other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes (190... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1884 - 684 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,...reasonable evidence, in the absence of explanation by the defendants, that, the accident arose from the want of care." Scott v. London, dc., Co., 3 H. & C. (Exchequer)... | |
 | 1914 - 1230 páginas
...accident is such as in the ordinary course of events does not happen if those who have the control or management use proper care, it affords reasonable evidence, in the absence of explanation by the carrier, that the accident arises from want of care. Gilmore v. Brooklyn Heights Ry. Co., 6 App. Dlv.... | |
 | 1906 - 1164 páginas
...as in the ordinary course of tilings does not happen if those who have such management and control use proper care, It affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from the want of ordinary care by the defendant 1 Shearman & Redfield... | |
 | Herbert Broom, Herbert Francis Manisty, Charles Francis Cagney - 1884 - 1078 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, it affords reasonable evidence, in the absence of explanatioii by the defendants, that the accident arose from want of care (r) ; similarly,... | |
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J., observed that in order for it to apply "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... 
