| Abraham Clark Freeman - 1890 - 998 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.... | |
| 1905 - 856 sivua
...right which instructed them that negligence was "the failure to do what reasonable and prudent persons would ordinarily have done under the circumstances of the situation, or doing what reasonable and prudent persons, under the existing circumstances, would not have done. * * * You fix... | |
| 1893 - 1276 sivua
...possible. Absolute perfection In that respect is not required. Greenleaf ' v. Railway Co., 33 Iowa, 57. "Negligence is the failure to do what a reasonable...person, under the existing circumstances, would not nave done. The duties are dictated and measured by the exigencies of the occasion." Railroad Co. v.... | |
| William Francis Bailey - 1894 - 674 sivua
...hogshead in replacing the belt. In Baltimore & PR Co. v. Jones, 95 US 443, the court define negligence as the 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. This is... | |
| 1894 - 1112 sivua
...absence of that care which men ordinarily bestow in the management of their own business and affairs. It is the failure to do what a reasonable and prudent person would ordinarily have done under tae circumstances of the situation, or the doing what such person— that Is, a reasonable and prudent... | |
| 1894 - 1288 sivua
...trial of the case. The court said: "Negligence is the failure to do what reasonable and prudent persons would ordinarily have done under the circumstances of the situation, or doing what reasonable and prudent persons, under the existing circumstances, would not have done." The court Neb.)... | |
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