...things, does not happen if those who have the management use the proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care." The limitations governing the application of the rule are thus stated by Wigmore. (Sec. 2509). "(1)...

...explanations, is of itself evidence of negligence. It is urged that where the instrument or machinery is shown to be under the management of the defendant...defendant, that the accident arose from want of care. But instances are not (infrequent of steam-boiler explosions where there has been no want of ordinary...

...by the defendant, and the court said, " There must be reasonable evidence of negligence ; tut where the thing is shown to be under the management of the...defendant, that the accident arose from want of care." So in Ourtis v. The Rochester and Syracuse Railroad Company, 18 NY 543, the Court of Appeals of New...

...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,...defendant, that the accident arose from want of care." Now, that was a case in which the negligence proved was that the plaintiff, who was an officer of the...

...and the acciOpinion of the Court. dent is such as, in the ordinary course of things, does not happen if those who have the management use proper care,...defendant, that the accident arose from want of care." In Richmond Ry., etc., Co. v. Hudgins, 100 Va., 409, the plaintiff's horse took fright from the sudden...

...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,...defendant, that the accident arose from want of care." • The plaintiffs' statement sufficiently states a cause of action, and defendant's motion is therefore...

...himself when at the bar (&) of which the marginal note runs as follows: " Where the thing is shewn to be under the management of the defendant or his...defendant that the accident arose from want of care." The learned judge said that under the old law there would have been a good defence to the action, but...

...St. John (57 NY 571), is to the same effect, and among other points quotes this proposition: "Where the thing is shown to be under the management of the...defendant, that the accident arose from want of care." The learned counsel for appellant disagrees to these propositions only in saying that they are to be...

...defendant or his servants, and the accident is such as, iu the ordinary course of things, does not happen if those who have the management use proper care,...defendant, that the accident arose from want of care. This case is cited, with approbation, in Transportation Co. v. Downer, 11 Wall. 129. In Mullen v. St....

...speaks.' The meaning was thus expressed by Erle, J., in giving bis judgment in a noted case: 'Where the thing is shown to be under the management of the...defendant, that the accident arose from want of care.' This definition has met with such approval at tjie hands of judges in subsequent cases that it has...