 | 1917 - 1194 halaman
...course of things does not happen if those who have the management use proper care, It offers reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care" (see leading case of Scott v. London & St. Katherine Docks Co., 3 Huristone & Coltinan, 594) ; but... | |
 | 1920 - 956 halaman
...proper care, and the circumstances surrounding It were such as to create a reasonable probability, in the absence of explanation by the defendant, that the accident arose from want of proper care. Con108 A.-22 sequently, the principle res Ipsa loquitur le applicable. Houston v. Brush... | |
 | 1922 - 1206 halaman
...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.' Madden v. Mo. Рас. Ry., 50 Mo. App. 606, 677. The rule is said to be applicable if... | |
 | 1919 - 1130 halaman
...his servants, and the accident is such as in the ordinary course of things does not happen if thoso who have the management use proper care, it affords...defendant, that the accident arose from want of care." [1,2] It is no doubt true, as contended by appellant, that the rule of res Ipsa loquitur has been more... | |
 | 1917 - 1034 halaman
...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,...explanation by the defendant, that the accident arose from a want of care. So also: 'Where it is shown that the accident is such that its real cause may be the... | |
 | 1920 - 1144 halaman
...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,...explanation by the defendant, that the accident arose from a want of care.' Tested by this rule, no question of contractual relation could ever form an element... | |
 | 1905 - 1312 halaman
...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 absence of explanation by the defendant, that tlie accident arose from want of care." Now, it requires nc argument or proof to establish that an... | |
 | 1909 - 1336 halaman
...things does not happen if those who have the management of It used proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from a want of care." In 29 Cyc. 590, and 21 Am. & Eng. Ency. of Law, 512, numerous cases are cited In line... | |
 | 1910 - 1384 halaman
...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 proper care, It affords reasonable evb denee. In the absence of explanation, that the accident arose for want of care." This would probably... | |
 | 1916 - 1216 halaman
...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 proper care,...defendant, that the accident arose from want of care. McNulty v. Ludwig & Co., 153 App. Div. 206, 138 NY Supp. 84-90, and cases there cited. Judgment reversed,... | |
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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... 
