 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 use...  Atlantic Reporter - Página 561918Visualização integral - Acerca deste livro
 | 1893 - 1164 páginas
...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... | |
 | Albert Parsons - 1893 - 244 páginas
...implied in the judgment of Erie, CJ in the case of Scott v. The London Docks Company (b) (1865). " Where the thing is shown to be under the management of the defendant or his servants, and (a) Cohen v. Metropolitan Railway Company, 6 Times LR 192 (1890). the accident is such as, in the ordinary... | |
 | Vermont. Supreme Court - 1894 - 786 páginas
...care in respect to the thing causing the accident, to prevent the occurrence of such accident, and the thing is shown to be under the management of the...who have the management use proper care, it affords evidence, in the absence of evidence showing that it happened without the fault of the defendant, that... | |
 | Frederick Pollock - 1894 - 842 páginas
...Chamber in 1865 (/), in these terms: — " 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 (/) Scott v. London Dock Co., 3 H. A C. 696, 34 LJ Ex.220.... | |
 | William John Tossell - 1918 - 748 páginas
...some reasonable evidence of negligence, but where, as the court said in Mullen v. St. John, 57 NY 571. the thing is shown to be under the management of the...defendant or his servants, and the accident is such that in the ordinary course of things does not happen if those who have the management use proper care,... | |
 | 1895 - 1042 páginas
...sugar falling upon him. 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 la such as, in the ordinary course of things, does not happen if those who have the management use... | |
 | Edwin Ames Jaggard - 1895 - 702 páginas
...(a) Where proof of some contract or undertaking, and damage, makes out a prima facie case; (b) Where the thing is shown to be under the management of the defendant, and the accident is such as, in the ordinary course of things, does not happen if those who have the... | |
 | William John Tossell - 1920 - 706 páginas
...Commentaries, Evidence, (Blue Book), Sec. 15o: "There is another class of cases in which it is held that where the thing is shown to be under the management of the defendant or his agent, and where an accident in the ordinary course of events does not happen when the business is... | |
 | Burr W. Jones - 1896 - 718 páginas
...no presumption of negligence arises.* There is another class of cases in which it is held that where the thing is shown to be under the management of the defendant or his agent and where an accident in the ordinary course of events does not happen when the business is properly... | |
 | Reginald Godfrey Marsden - 1897 - 772 páginas
...that " where the thing " (goods suspended over the pavement, which fell and injured the plaintiff) " is shown to be under the management of the defendant or his servants, and the (t) See per Sir J. Hannen in The (y) 3 H. & C. 596 ; Byrne v. Elysia, 4 Asp. Mar. Law Cas. 540 ; Boodle,... | |
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