 | Law reports, digests, etc - 1908 - 1164 pages
...and an injury; but in these cases the surrounding circumstances which are necessarily brought iuto view by showing how the accident occurred contain,...able to offer, or that it Is necessary to offer." And the court in its discussion used the following language: "The maxim Is also In part based on the... | |
 | Law reports, digests, etc - 1914 - 1130 pages
...negligence is deduclble, not from the mere happening of the accident, but from the attendant circumstances. "It is not that, in any case, negligence can be assumed...able to offer, or that it is necessary to offer." Shearman & Redfleld on Negligence, § 59. This section was quoted with approval by Judge Cullen in... | |
 | Law reports, digests, etc - 1909 - 1362 pages
...the accident occurred, contain, without further proof, sufficient evidence of defendant's duty and his neglect to perform it. The fact of the casualty...able to offer, or that it Is necessary to offer." The judge in his opinion also quotes approvingly from Benedict v. Potts, 88 Md. 52, 40 All. 10(37,... | |
 | Law reports, digests, etc - 1905 - 1164 pages
...matter of law. Writing of "res ipsa loquitur," it is said in Shearman & Redfield on Negligence (section 59) : "It is not that. In any case, negligence can...able to offer, or that it is necessary to offer." The "res," therefore, includes the attendant circumstances, and, so defined, the application of the... | |
 | Law reports, digests, etc - 1914 - 1290 pages
...Cullen, J., quotes with approval the language of Shearman & Redfield on Negligence, § 59, as follows : "It is not that, in any case, negligence can be assumed...able to offer, or that It is necessary to offer." See, too, Cosulich v. SO Co., 122 NY 118, 25 NE 259, 19 Am. St. Rep. 475; Losee v. Buchanan, 51 NY... | |
 | Thomas Gaskell Shearman, Amasa Angell Redfield - Negligence - 1888 - 720 pages
...negligence.— In many cases, the maxim " res ipsa loquitur " applies. The affair speaks for itself.2 It is not that, in any case, negligence can be assumed...is able to offer, or that it is necessary to offer. The accident, the injury, and the circumstances under which they occurred, are in some cases sufficient... | |
 | Ontario. High Court of Justice - Law reports, digests, etc - 1893 - 806 pages
...Co., 3 H. & C. 596, 601. Shearman and Redfield on Negligence (4th ed.)( sec. 59, where it is said : " The fact of the casualty and the attendant circumstances...is able to offer, or that it is necessary to offer. The accident, the injury, and the circumstances under which they occurred, are in some cases sufficient... | |
 | New York (State). Supreme Court. Appellate Division - Law reports, digests, etc - 1908 - 1078 pages
...as to res ipsa loquitur, *4th ed.— [REP. App. Div.] Fourth Department, March, 1908. as follows : " It is not that, in any case, negligence can be assumed...able to offer, or that it is necessary to offer." The court proceeds : " * * * The ' res ' * * * includes the attending circumstances, and so defined... | |
 | New York (State). Supreme Court. Appellate Division - Law reports, digests, etc - 1902 - 756 pages
...how the accident occurred THIRD DEPARTMENT, NOVEMBEH TERM, 1901. [Vol. 66. contain, without farther proof, sufficient evidence of the defendant's duty...able to offer, or that it is necessary to offer." The judge in his opinion also quotes approvingly Benedick v. Potts (88 Md. 52), as follows : " In no... | |
 | Railroad law - 1896 - 772 pages
...occurred, contain, without further proof, sufficient evidence of the defendant's duty and of his negligence to perform it. The fact of the casualty and the attendant...able to offer, or that it is necessary to offer." In Scott v. Docks Co., 3 Hurl. & Co. 596, the court announced the same rule in the following language:... | |
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It is not that. In any case, negligence can be assumed from the mere fact of an accident and an Injury ; but in these cases the surrounding circumstances which are necessarily brought into view by showing how the accident occurred contain, without further... 
