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" Negligence is the failure to do what a reasonable and prudent person would ordinarily have done under the circumstances of the situation, or doing what such a person under the existing circumstances would not have done. "
The Southern Law Review: And Chart of the Southern Law and Collection Union - Sivu 979
1877
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North Carolina Reports: Cases Argued and Determined in the Supreme Court of ...

North Carolina. Supreme Court - 1905
...them in passing upon the question of negligence. Fuller v. Railroad, 480. Negligence is the omission to do what a reasonable and prudent person would ordinarily...under the existing circumstances would not have done. Fuller v. Railroad, 480. Where the charter of the defendant city authorized it to operate an electric...

Weekly Notes of Cases Argued and Determined in the Supreme Court of ..., Nide 38

1896
...Negligence is the want of care required by the circumstances. It may "lie in omission or commission, in the failure to do what a reasonable and prudent person...done under the circumstances of the situation, or in doing what such a person under the existing circumstances would not have done :" Baltimore Railroad...

Reports of Cases Decided in the Supreme Court of the State of Utah, Nide 28

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1905
...Negligence is a relative term and is well defined by the Supreme Court of the United States, as follows : "Negligence is the failure to do what a reasonable...not have done. The essence of the fault may lie in omission or commission. The duty is dictated and measured by the exigencies of the occasion." Railroad...

The Southern Law Review, Nide 3

1877
...Madison, Sup. Ct. Wis., t. LN, Dec. 15, p. 103; se.. Rep., Jan. 9, p. 59. Contributory negligence. — 1. Negligence is the failure to do what a reasonable...not have done ; The essence of the fault may lie in omission or commission ; One who by his negligence has brought an injury upon himself cannot recover...

Reports of Cases Decided in the Supreme Court of the State of Utah, Nide 27

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1904
...brakeman that he did not push the plaintiff from the train. The third instruction given is as follows: "Negligence is the failure to do what a reasonable...under the existing circumstances, would not have done. Klenk v. Railroad. The duty is dictated and measured by the exigencies of the occasion. The burden...

Reports of Cases Decided in the Supreme Court of the State of Utah, Nide 4

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1890
...incurred by him. At the request of the defendant the court further instructed the jury as follows: 1st. Negligence is the failure to do what a reasonable and prudent person would have done, under the circumstances of the situation, or doing what such a person under the existing...

The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme, Circuit ..., Nide 5

1878
...not." The instruction was refused, and the defendant's counsel excepted. Held, Error. Negligence is failure to do what a reasonable and prudent person...not have done. The essence of the fault may lie in omission or commission. The duty is dictated and measured by the exigencies of the occasion. See Wharton...

United States Reports, Supreme Court: Cases Argued and ..., Nide 5;Nide 95

United States. Supreme Court - 1878
...is sufficient to dispose of the case. Negligence is the failure to do what a reasonable and pru dent person would ordinarily have done under the circumstances...not have done. The essence of the fault may lie in omission or commission. The duty is dictated and measured by the exigencies of the. occasion. See Wbarton...

Reports of Decisions of the Supreme Court of the State of Nevada, Nide 13

Nevada. Supreme Court - 1879
...the severe gusts of wind. Having the right to walk upon the track, the plaintiff was only required to do what a reasonable and prudent person would ordinarily have done under the same or similar circumstances. We are of opinion that it would have been clearly erroneous for the...

The Federal Reporter, Nide 126

1904
...In the light of the definition of the word 'negligence' now given you by the court: 'Negligence la the failure to do what a reasonable and prudent person would ordinarily have done uuder the circumstances of the situation, or the doing of what such a person under existing circumstances...




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