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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... "
Reports of Cases Decided in the Court of Appeals of the State of New York: 1871 - Page 290
by New York (State). Court of Appeals, Hiram Edward Sickels - 1872
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Reports of Cases Heard and Determined by the Judicial Committee ..., Volume 6

Great Britain. Privy Council. Judicial Committee, Edmund F. Moore - 1864 - 596 pages
...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 evidence, in the absence of explanation by the Defendants, that the accident arose from want of care," which...
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Albany Law Journal, Volume 24

1881 - 572 pages
...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 evidence, in the absence of explanation by the defendants, that the accident arose from want of care." [DENMAÎÎ,...
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Albany Law Journal, Volume 24

1881 - 572 pages
...defendant or his servants, and the accident is such us in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care, " — was...
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The American Law Register, Volume 10

1871 - 874 pages
...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 evidence, in the absence of explanation by the defendant, that the accident arose from want of care." So in Ourtis...
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The Australian Jurist Reports: Supreme Court of the Colony of Victoria, Volume 1

Victoria. Supreme Court - 1871 - 380 pages
...defendant or his servant, and the accidents 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 absence of explanation by the defendant, that the accident arose from want of care." Now, that...
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Reports of Cases Argued and Determined in the Supreme Court of Ohio, Volume 74

Ohio. Supreme Court - 1906 - 660 pages
...injured any one, is enough to make out a presumption of negligence. When a thing which causes the injury is shown to be under the management of the defendant,...management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care." The following...
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The Central Law Journal, Volume 84

1917 - 510 pages
...loquitur does not apply with the same fullness and weight In is this: "When a thing which causes injury is shown to be under the management of the defendant,...management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care."8 If a passenger...
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A Treatise on the Law of Negligence

Francis Wharton - 1874 - 960 pages
...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 evidence, in the absence of explanation by the defendBOOK I.] PROVINCES OF COURT AND JURY. [§ 423. § 423. Contributory...
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The Central Law Journal, Volume 46

1898 - 562 pages
...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 evidence, in the absence of explanation by the defendants, that the accident arose from want of care.' In those...
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Leading Cases on the Law of Torts Determined by the Courts of America and ...

Melville Madison Bigelow - 1875 - 830 pages
...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 evidence, in the absence of explanation by the defendants, that the accident arose from want of care. The learned...
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