| Missouri. Courts of Appeals - 1891 - 780 Seiten
...or his servants, and the accident is such as, under an ordinary course of things, does not happen, if those who have the management use proper care, it affords reasonable evidence, in the absence of explananation by the defendant, that the accident arose from want of care." The argument... | |
| Frederick Pollock - 1892 - 802 Seiten
...servants. The rule was declared by contTO • the Exchequer Chamber in 1865 (/), in these terms : — " There must be reasonable evidence of negligence. "...the defendant or his servants, and the accident is (d) In other words (to anticipate (p) Carput v. London $ Brighton part of a special discussion) the... | |
| Francis Montagu Preston - 1892 - 338 Seiten
...fact of the accident occurring has been held to be evidence of negligence. " Where a thing is solely under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen to those who have the management of machinery, and use... | |
| Frank Sumner Rice - 1892 - 832 Seiten
...as to raise a presumption of negligence; as where the particular thing causing the injury has been shown to be under the management of the defendant or his servants, and the casualty is such as in the ordinary course of tilings does not happen if those who have the management... | |
| 1893 - 1172 Seiten
...500. The rule recognized by the foregoing authorities л* pertaining to this class of accidents Is, where the thing Is shown to be under the management...happen If those who have the management use proper pare, It affords reasonable evidence. In the absence of explanation by the defendant, that the accident... | |
| 1893 - 1164 Seiten
...recognized by the foregoing authorities ¡is pertaining to this class of accidents Is, where the thing IB shown to be under the management of the defendant...happen If those who have the management use proper eare, It affords reasonable evidence, In the absence of explanation by the defendant, that the accident... | |
| Missouri. Courts of Appeals - 1893 - 800 Seiten
...carrier or his servants, and the accident is such as under an 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 proper care. Dougherty v. Railroad, 9 Mo. App. 478; sc, affirmed, 81 Mo. 325, 329, and cases cited.... | |
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