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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... "
The American State Reports: Containing the Cases of General Value and ... - Seite 872
herausgegeben von - 1899
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Cases Determined in the St. Louis and the Kansas City Courts of ..., Band 43

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...
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The American and English Encyclopedia of Law, Band 16

John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland - 1892 - 1050 Seiten
...thus laid down: "There must besóme reasonable evidence of negligence. But where the thing is shown lo be under the management of the defendant or his servants,...use proper care, it affords reasonable evidence, in the absence of explanation, that the accident arose from want of care." See also Priggs v. Oliver,...
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The American and English Encyclopedia of Law, Band 19

John Houston Merrill, Thomas Johnson Michie, Charles Frederic Williams, David Shephard Garland - 1892 - 1218 Seiten
...negligence." But he continues, "where the thing is solely under the management of the defendant and his servants, and the accident is such as, in the...reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care." Opinion in Scott T>. London etc. Dock. Co.,...
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The Law of Torts: A Treatise on the Principles of Obligations Arising from ...

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...
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A Manual of Railway Law

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...
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The General Principles of the Law of Evidence: With Their Application to the ...

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...
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1893 - 770 Seiten
...was sustained, the court laying down the law as follows : " There must be reasonable evidence of the negligence. But where the thing is shown to be under...reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care." In many cases it has been held that in a suit...
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The Pacific Reporter, Band 33

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...
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The Pacific Reporter, Band 33

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...
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Cases Determined in the St. Louis and the Kansas City Courts of ..., Band 50

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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