Washington Reports Volume 49

Washington Reports Volume 49

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ...necessarily brought into view by showing how the accident occurred contain, without further proof, sufficient evidence of the defendant's duty and of his neglect to perform it. The fact of the casualty and the attendant circumstances may themselves furnish all the proof of negligence that the injured person is able to olfer, or that it is necessary to ott'er;" and, in its discussion, used the following language: "The maxim is also in part based on the consideration that where the management and control of the thing which has produced the injury is exclusively vested in the defendant, it is within his power to produce evidence of the actual cause that produced the accident, which the plaintiff is unable to present." Opinion Per Roor, J. 49 Wash. In the case of Uggla-0. Brokaw, 117 App. Div. 586, 102 N. Y. Supp. 857, it was held that, where a coachman driving in the street was struck by part of a skylight blown from an adjoining building, the incident itself raised a presumption of negligence under the rule of res ipsa loquitar. The rule is applied to cases of injury from falling objects perhaps more than to any other class of cases, aside from those having to do with common carriers. Such cases were the following: Kaplcs v. Orth, 61 Wis. 531, 21 N. VV. 633; Morris 11. Strobel Q' lVilken Co., 81 Hun. 1, 30 N. Y. Supp. 571; The Joseph B. Thomas, 81 Fed. 5'78; Taylor-v. Peckham, 8 R. I. 349, 91 Am. Dec. 235; Volkmar '0. Jllanhattan R. Co., 134' N. Y. 418, 31 N. E. 870, 30 Am. St. 678; Salisbury 11. Herchenroder, 106 Mass. 458, 8 Am. Rep. 354; Scheider v. American Bridge Co., 78 App. Div. 163, 79 N. Y. Supp. 634.'; Mentz-u. Schieren, 36 Misc. 813, 74 N. Y. Supp. 889; McCauley v. Norcross, 155 Mass....show more

Product details

  • Paperback | 288 pages
  • 189 x 246 x 15mm | 517g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236893956
  • 9781236893956