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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... "
Reports of Cases Heard and Determined in the Appellate Division of the ... - Page 26
by New York (State). Supreme Court. Appellate Division - 1922
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A Treatise on the Law of Railroads, Volume 2

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,...
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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 - 1885 - 732 pages
...Dock Co., 3 Hurl. & C. 596 : " 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,...
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The Duty & Liability of Employers as Well to the Public as to Servants and ...

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...
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The American Reports: Containing All Decisions of General ..., Volume 49

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,...
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The Northwestern Reporter, Volume 21

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,...
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Atlantic Reporter, Volume 29

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,...
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Atlantic Reporter, Volume 52

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,...
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The Atlantic Reporter, Volume 19

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,...
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Atlantic Reporter, Volume 102

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,...
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Atlantic Reporter, Volume 83

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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