When a thing which causes injury 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 management use proper care, it affords reasonable evidence, in the... The Southeastern Reporter - Halaman 1521915Tampilan utuh - Tentang buku ini
| Arkansas. Supreme Court - 1920 - 676 halaman
...foundation of the action. This rale is well declared in Shearman and Redfield on Negligence (section 59) : 'When a thing which causes injury is shown to be under...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, it... | |
| Thomas Gaskell Shearman, Amasa Angell Redfield - 1888 - 720 halaman
...not, if done with due care, have injured any one, is enough to make out a presumption of negligence. When a thing which causes injury is shown to be under...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, it... | |
| 1891 - 1076 halaman
...the carelessness of the defendant. It is undoubtedly true that where a thing that Cc'iuses injviry is shown to be under the management of the defendant, and the accident is one that in the ordinary course of events does not happen, it affords reasonable evidence that the... | |
| William John Tossell - 1918 - 748 halaman
...opinion that this ease comes within the rule of res ipaa loquitur. "Where a thing which causes the injury 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 management use proper care, it... | |
| Edwin Ames Jaggard - 1895 - 702 halaman
...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 management use proper care; and... | |
| 1896 - 916 halaman
...upon the defendant the burden of establishing his freedom from fault." "When a thing which causes the injury 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 tbe management use proper care, it... | |
| William John Tossell - 1920 - 706 halaman
...evidence of negligence, and T will state to you that it is the law that when a thing which causes the injury is shown to be under the management of the defendant and the accident is such that in the ordinary course of things does not happen if those who have the management use proper care,... | |
| Abraham Clark Freeman - 1898 - 1034 halaman
...Mexican Cent. Ry. Co. v. Laurieella. 47 Am. St Rep. 107. If the cause of an injury to person or property is shown to be under the management of the defendant, and the accident is such as in the ordinary course of events does not happen if those having the management use proper care, it affords... | |
| John Milton Gardner, Walter James Eagle - 1899 - 910 halaman
...his part, The case then falls within the rule given by Shearman and Redfield on Negligence (sec. 59): "When a thing which causes injury is shown to be under...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, it... | |
| 1899 - 942 halaman
...part. The case then falls within the rule given by Shearman and Redfield on Negligence (section 59) : "When a thing which causes injury is shown to be under...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, it... | |
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