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" 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... "
Legal Definitions: A Collection of Words and Phrases as Applied and Defined ... - Page 1391
1920
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The American and English Encyclopedia of Law, Volume 16

John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland - 1891 - 1052 pages
...r. London etc. Docks Co., 3 Hurl. & Colt. 596, the doctrine was thus laid down: "There must be some reasonable evidence of negligence. But where the thing is shown to be under the management of the de16 C. of L. — 29 fendant or his servants, and the accident is such as in the ordinary course of...
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The Law of Electricity: A Treatise on the Rules of the Law Relating to ...

Seymour Dwight Thompson - 1891 - 588 pages
...plaintiff. 1 This principle Avas thus formulated by Mr. Chief Justice ERLE in the following language: "Where the thing is shown to be under the management of the defendant or his servants, and the accident is such as, under an ordinary course of things, does not happen if those...
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Reports of the Decisions of the Appellate Courts of the State of ..., Volume 8

Illinois. Appellate Court, James Bolesworth Bradwell - 1892 - 732 pages
...servant of the owner. The doctrine, as applied by the court there, is based upon reasoning like this : 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...
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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 pages
...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 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...
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The Pacific Reporter, Volume 33

1893 - 1172 pages
...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 of the defendant or his servants, and the accident Is such as, In the ordinary course of things, does not happen If those...
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The Liability of Railway Companies for Negligence Towards Passengers

Albert Parsons - 1893 - 244 pages
...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...
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A Treatise on the Law of Torts in Obligations Arising from Civil Wrongs in ...

Frederick Pollock - 1894 - 842 pages
...or his servants. The rule was declared by the Exchequer Chamber in 1865 (/), in these terms: — " There must be reasonable evidence of negligence. "...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...
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The American State Reports: Containing the Cases of General Value ..., Volume 35

1894 - 1026 pages
...C. 596. The rule recognized by the foregoing authorities as pertaining to this class of accidents is 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...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 66

Vermont. Supreme Court - 1894 - 786 pages
...Orth, 61 Wis. 531 ; Breen v. New York, etc., RR Co., 109 NY 297. Or, as expressed in an English case, '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...
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Negligence in Law: General relations

Thomas Beven - 1895 - 1072 pages
...was said by Erle, CJ, in the Exchequer Chamber, in Scott v. London and St. Katharine Docks Company:3 "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...
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