 | 1896 - 1172 sivua
...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." Railroad Co. v.... | |
 | 1894 - 1156 sivua
...a person not a passenger. Breinig's Case, 25 Aid. 378. If this be so, the duty of the conductor was to do what a reasonable and prudent person would ordinarily...have done under the circumstances of the situation. Coughlan's Case, 24 Md. 84. Riuggold was a sane man, in full possession of his faculties, and accustomed... | |
 | 1908 - 1160 sivua
...negligence caused the Injury. Negligence is the failure to do what a person of ordinary prudence would have done under the circumstances of the situation, or doing what such a person, under such circumstances, would not have 'one. Apart from the situation and surrounding circumstances, no... | |
 | 1900 - 1134 sivua
...rather than substance. The statement to the Jury was that neglect to perform a legal duty is "tin' failure to do what a reasonable and prudent person would ordinarily have done under the same circumstances." Again: "The defendant corporation was bound to see to it, as a reasonable and... | |
 | 1886 - 1076 sivua
...Negligent Firn. 1. WHAT AMOUNTS то NEOLIOES-CE. Negligence is a failure to do what a reasonably prudput person would ordinarily have done under the circumstances of the situation, or doing what such person under existing circumstances would not have done. Reasonable or proper care must have reference... | |
 | 1897 - 1148 sivua
...to do what a reasonable and prudent person would do under the circumstances of the situation, or the doing what such a person under the existing circumstances would not have done." Mr. Bigelow, in his book on Í Torts (page 201), says: "It is conceded by j all the authorities that... | |
 | 1904 - 1256 sivua
...A charge in an action against a carrier for negligent injuries to live stock defined negligence as "the failure to do what a reasonable and prudent person...under the existing circumstances would not have done." Held, that the use of "reasonable and prudent person," instead of "reasonably prudent person," is harmless... | |
 | Thomas Gaskell Shearman, Amasa Angell Redfield - 1888 - 720 sivua
...Taff Vale R. Co., 5 Hurlst. & N. 679). Compare Philadelphia, &c. R. Co. v. Stinger, 78 Penn. St. 225). "Negligence is the failure to do what a reasonable...under the existing circumstances would not have done " {Railroad Co. v. Jones, 95 US 442, Swayne, J.). " Negligence is the failure to observe for the protection... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1889 - 680 sivua
...>negligence,' when used in these instructions, is meant either the failure to do what a reasonable person would ordinarily have done under the circumstances of the situation, or doing what such person would not have done under the existing circumstances." This. instruction was properly refused.... | |
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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. 
