...of the defendant, and the burden devolved upon it of showing how and why the sudden stop occurred. "Where the thing is shown to be under the management of the defendant or its servants, and the accident is such as in ordinary course of things does not happen if those who...

...Case, supra, is frequently stated as follows: "Where the particular thing causing the injury has been shown to be under the management of the defendant or his servants, and tin1 accident is such as in the ordinary course of tilings does not happen, if those who have the management...

...showing that reasonable and proper care loquitur. was taken. The rule is thus stated by Erie, CJ , " where the thing is shown to be under the management...reasonable evidence in the absence of explanation by the defendants that the accident arose from want of care " (Scott v. London Dock Co., 3 H. & C. 596 ; 34...

...proof, was being operated on the side track. We conclude, therefore, that this is not a case in which "the thing is shown to be under the management of...happen if those who have the management use proper care ; " and hence that there is no presumption that the defendant's employees were negligent. There is...

...causing the injury has been shown to have been caused by or under the management of the defendant or its servants, and the accident is such as in the ordinary...use proper care, it affords reasonable evidence, in the absence of explanation, that the accident arose from want of care. "9. If you find from the evidence...

...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,...explanation by the defendant, that the accident arose from a want of care.' Tested by this rule, no question of contractual relation could ever form an element...

...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,...explanation by the defendant, that the accident arose from a want of care.9 Thus, " a explanatory circumstances, negligence will be presumed, and the burden is...

...that- where the defendant owes the plaintiff a duty to use care, and the thing causing the accident is shown to be under the management of the defendant or his servants, and the accident la such that in the ordinary course of things does not occur if those who have the tianagement or control...

...Condit Transp. Co., §g 12, 13. § 4. If the boiler explodes under the management of the company or its servants, and the accident is such as, in the ordinary...reasonable evidence, in the absence of explanation by the company, that the accident arose from want of care. The presumption originates from the nature of the...

...Chamber, in an action for damages for a personal injury grounded upon an allegation of negligence: "There must be reasonable evidence of negligence....defendant or his servants, and the accident is such as, in the ordinary course of things, docs not happen if those who have the management used proper care, it...