 The court said 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...  Reports of Cases Determined in the Appellate Courts of Illinois - Page 30by Illinois. Appellate Court, Martin L. Newell, Mason Harder Newell, Walter Clyde Jones, Keene Harwood Addington, Basil Jones, James Christopher Cahill, James Max Henderson, Ray Smith - 1906Full view - About this book
 | 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 the absence of explanation by the defendants, that the accident arose from want of care." But that case also differs from die present... | |
 | Great Britain. Privy Council. Judicial Committee, Edmund F. Moore - Law reports, digests, etc - 1864 - 596 pages
...Chief Justice Erie, in the case of Scott v. The London and St. Katherine's Docks Company (c), " where the thing is shown to be under the management of the...reasonable evidence, in the absence of explanation by the Defendants, that the accident arose from want of care," which rule, we submit, is applicable to the... | |
 | North Carolina. Supreme Court - Law reports, digests, etc - 1905 - 922 pages
...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. 2509).... | |
 | Law - 1890 - 542 pages
...explanations, is of itself evidence of negligence. It is urged that where the instrument or machinery is shown to be under the management of the defendant...the defendant, that the accident arose from want of care. But instances are not (infrequent of steam-boiler explosions where there has been no want of... | |
 | Law - 1881 - 572 pages
...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 of the...reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care." [DENMAN, J. That was the case of an inanimate... | |
 | Law - 1881 - 572 pages
...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 care, it affords reasonable evidence, iu the absence of explanation by the defendants, that the accident arose from want of care, " — was... | |
 | Law - 1871 - 874 pages
...by the defendant, and the court said, " There must be reasonable evidence of negligence ; tut where the thing is shown to be under the management of the...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 Appeals... | |
 | Victoria. Supreme Court - Law reports, digests, etc - 1871 - 380 pages
...under the management of the defendant, the accident is such aa in the ordinary course does not happen if ^those who have the management use proper care, it affords reasonable evidence, in the absence of explanation, that the accident arose from want of care. Seoll v. London Dock Company,... | |
 | New York (State). Court of Appeals, Hiram Edward Sickels - Law reports, digests, etc - 1872 - 788 pages
...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 evidence that the accident arose from want of care. (Scott v. Lond. Dock Co., 3 Hurlst. & Colt., 596.) It is... | |
 | Ohio. Supreme Court - Law reports, digests, etc - 1906 - 660 pages
...and the acciOpinion of the Court. dent is such as, in the ordinary course of things, does not happen if those who have the management use proper care,...the defendant, that the accident arose from want of care." In Richmond Ry., etc., Co. v. Hudgins, 100 Va., 409, the plaintiff's horse took fright from... | |
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