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" 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 1 48 Am. St. Rep.... "
Commentaries on the Law of Negligence in All Relations: (including a ... - 575. lappuse
autors: Seymour Dwight Thompson - 1905
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Reports of Civil and Criminal Cases Decided by the ..., 40. sējums;147. sējums

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1912 - 966 lapas
...loquitur. No reason is given by any witness for the fall of the tank. 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 had the management of it used proper care,...
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The Southwestern Reporter, 114. sējums

1909 - 1362 lapas
...(volume 2 [3d Ed.] p. 1424) says: "The rule known as 'res Ipsa loquitur' may be thus stated: When the thing which causes Injury is shown to be under the...management of the defendant, and the accident Is such as In the ordinary courseof things does not happen if those who have the management use proper care, it affords...
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The Southwestern Reporter, 152. sējums

1913 - 1344 lapas
...the doctrine of res ipsa loquitur, which is the rule that where the thing which causes the injury is 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 or control use proper...
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The Southwestern Reporter, 105. sējums

1908 - 1354 lapas
...negligence and want of care of appellant's servants, and the burden was upon it to show to the contrary. When a thing which causes Injury Is shown to be under the management oí defendant. and the accident Is such as in the ordinary course of things does not happen, If those...
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The New York Supplement, 12. sējums

1891 - 1076 lapas
...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...
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Hand-book of the Law of Torts, 2. sējums

Edwin Ames Jaggard - 1895 - 702 lapas
...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,...if those who have the management use proper care; and There is logically applied to the law of negligence the ordinary rule governing the production...
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Handbook on the Law of Torts

William Benjamin Hale - 1896 - 700 lapas
...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,...happen if those who have the management use proper care;191 and (c) Where this rule is changed by statute. The burden of proving negligence is on the...
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Lawyers' Reports Annotated, 29. grāmata

1896 - 916 lapas
...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...
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Reports of Cases Argued and Determined in the Ohio Circuit ..., 29. sējums

William John Tossell - 1920 - 706 lapas
...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,...
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The American and English Railroad Cases: A Collection of All Cases ...

1897 - 840 lapas
...in this case, the thing causing the accident is shown to be in the possession and under the control of the defendant, and the accident is such as, in...who have the management use proper care, it affords Olson v. Great Northern Ry. Co. (Ns) reasonable evidence, in the absence of explanation by the defendant,...
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