...defendants, and the accident is such as, in the ordinary course of things, does not happen if uiose who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from a want of care." See, also,...

...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,...

...of the defendant to rebut the presumption. Or, as expressed In an English case, 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 of It used proper care,...

...by our courts, as follows: "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 aceident is such as in the ordinary course of things does not happen if those who have the management...

...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...

...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 of the defendant...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....

...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 the defendant...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...

...causing the injury has been shown to have been caused by or under the management of the defendant or its servants, and the accident is such as in the ordinary...use proper care, it affords reasonable evidence, in the absence of explanation, that the accident arose from want of care. "9. If you find from the evidence...