 | Law reports, digests, etc - 1869 - 1032 pages
...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...defendants, that the accident arose from want of care." But that case also differs from die present in this respect, that the injury was caused by bags of... | |
 | Law - 1881 - 572 pages
...& C. 596; 34 LJ (Ex.) 220, Erie, CJ, expressing the opinion of the majority of the judges, says : " There must be reasonable evidence of negligence. But...defendants, that the accident arose from want of care." [DENMAÎÎ, J. That was the case of au inanimate object, a bale of goods ; and there is no overruling... | |
 | Law - 1881 - 572 pages
...the opinion of the majority of the judges, says: "There must be reasonable evidence of uegligence. But where the thing is shown to be under the management...defendants, that the accident arose from want of care." [DENMAN, J. That was the case of an inanimate object, a bale of goods ; and there is no overruling... | |
 | Law - 1898 - 562 pages
...cannot be better stated, in its generality, than as given in Scott v. Dock Co. (1865), 3 Hurl. & C. 596: 'There must be reasonable evidence of negligence....defendants, that the accident arose from want of care.' In those words it is approved in 1895 in Shafer v. Lacock. 168 Pa. St. 497, 32 All. Rep. 44, a case... | |
 | Melville Madison Bigelow - Torts - 1875 - 830 pages
...Erie, CJ, said that the majority of the court had come to the following conclusions : There must be evidence of negligence. But where the thing is shown...defendants, that the accident arose from want of care. The learned Chief Justice added that he and Mr. Justice Mellor had been unable to find in the case... | |
 | Law reports, digests, etc - 1881 - 846 pages
...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...defendants, that the accident arose from want of care." But this was in reference to a case where some bags of sugar slung from a crane above a public thoroughfare... | |
 | Nathaniel Cleveland Moak - Law reports, digests, etc - 1882 - 896 pages
...bale of goods, or insufficient tackle. The passage in the judgment in Scoll v. London Dock Co. ('), "There must be reasonable evidence of negligence....defendants, that the accident arose from want of care," — was applied to a bale of goods slung from a crane overhanging a public thoroughfare falling through... | |
 | United States. Circuit Court (6th Circuit), William Searcy Flippin - District courts - 1882 - 836 pages
...course of things does not happen if those who have the management uso proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care. 4. COLLISION IN DAYLIGHT — PRESUMPTION. — When the collision occurs in broad day light the legal... | |
 | Edmund B. Ivatts - Carriers - 1883 - 1168 pages
...to Scott v. London Docks Company (3 H. & C., 601). ' There must,' says Justice Erie in this case, ' be reasonable evidence of negligence. But where the...Defendants, that the accident arose from want of care.' " Judgment against the Company. — Tried in the Court of Exchequer (Ireland), Jan. 26, 1877. — From... | |
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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... 
