| Horace Gay Wood - 1885 - 806 pages
...to the ground. 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 is such as, in the ordinary course of things, does not happen if those who have the management use proper care,... | |
| Sir Walworth Howland Roberts, George Wallace - 1885 - 610 pages
...arises, or, as has been said, res ipisa loquitur, where the thing which does the mischief is solely under the management of the defendant or his servants, and the accident is such as, in the ordinary course of things, does not happen where proper care is used ; although the presumption... | |
| Isaac Grant Thompson - 1885 - 912 pages
...: " But where the thing is shown to be under Terre Haute and Indianapolis Railroad Company v. Back. 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 proper care,... | |
| 1885 - 1062 pages
...596: "There must be reasonable evidence of negligence; but where the thing is shown to be under tho 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 proper care,... | |
| 1894 - 1150 pages
...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 defendant or his servants, and the accident Is such as, in the ordinary course of things, does not occur, if those who have the management use proper care,... | |
| 1902 - 1164 pages
...as said In the exchequer chamber, in Scott v. Docks Co., 8 Hurl. & С. Б96. 601: "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 proper care,... | |
| 1890 - 1134 pages
...counsel cite the rule as stated in Scott v. Docks Co., 8 Hurl. & C. 596, as follows: "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 proper care,... | |
| 1918 - 1234 pages
...ipsa loquitur. It fulfills every requirement of the generally approved definition: "When 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 proper care,... | |
| 1912 - 1148 pages
...application of the doctrine of res ipsa loquitur was thus stated by Judge Roberts: "Where the thing is shown to be under the management of the defendant or his servant, and the accident is such as, in the ordinary course of things, does not happen, if those who... | |
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