...314, 38 SW 764, and In other cases as follows: "Where the particular thing causing the Injury has been shown to be under the management of the defendant,...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...

...injurious agency. There must be reasonable evidence of negligence; but when a of the defendnnt or its servants, and the accident is such as in the ordinary...use proper care, It affords reasonable evidence, in the absence of an explanation by defendant, that the accident arose from want of care. For instance,...

...supra, the leading case, states the rule in language repeatedly approved by our courts, as follows: "There must be reasonable evidence of negligence;...management of the defendant or his servants, and the aceident is such as in the ordinary course of things does not happen if those who have the management...

...raised upon the part of the defendant to rebut the presumption. Or, as expressed In an English case, where the thing is shown to be under the management...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 of It used proper care,...

...Dec. Dig. \ 6. NEGLIGENCE (| 121*)— ACTION— RES IPSA LOQUITUR. Proof of an injury alone affords no evidence of negligence : but where the thing is shown to be under the management of defendant or his servants, and the accident is such as in the ordinary course of things does not happen,...

...of the defendant, and the burden devolved upon it of showing how and why the sudden stop occurred. "Where the thing is shown to be under the management of the defendant or its servants, and the accident is such as in ordinary course of things does not happen if those who...

...Case, supra, is frequently stated as follows: "Where the particular thing causing the injury has been shown to be under the management of the defendant or his servants, and tin1 accident is such as in the ordinary course of tilings does not happen, if those who have the management...

...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 reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care." [1,2] It is...

...showing that reasonable and proper care loquitur. was taken. The rule is thus stated by Erie, CJ , " where the thing is shown to be under 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 " (Scott v....

...proof, was being operated on the side track. We conclude, therefore, that this is not a case in which "the thing is shown to be under the management of...happen if those who have the management use proper care ; " and hence that there is no presumption that the defendant's employees were negligent. There is...