 | 1897 - 830 sivua
...consider them. In our view, the point presented by the third is sufficient to dispose of the case. 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. See Wharton... | |
 | Thomas Beven - 1895 - 1072 sivua
...act as they did, but merely to save themselves trouble; so that it is not comprehended in that class prudent person would ordinarily have done under the...would not have done. The essence of the fault may be in omission or commission. The duty is dictated and measured by the exigencies of the occasion."... | |
 | George Burr Clementson - 1895 - 256 sivua
...DEFINITION OF NEGLIGENCE. — The definition of negligence given in Anderson1s Law Dictionary is : " Failure to do what a reasonable and prudent person...circumstances of the situation, or doing what such a person would not have done." 1 § 171. We have necessarily adverted to the subject of negligence in the past... | |
 | 1895 - 1042 sivua
...aee, aUo, the extended note to Shortet v. St. Jostph, 24 Am. St. Rep. 322. KEOLIOKNCE — WHAT is. — Negligence is the failure to do what a reasonable...would ordinarily have done under the circumstances, or the doing of what such a person would not hare done under those circumstances. This definition does... | |
 | Abraham Clark Freeman - 1911 - 1026 sivua
...JotHiM«_vm, 10; STAIUIKS, 14. MURDER. See HOMICIDE, RATIONAL BANKS. See BANKS, 6. NEGLIGENCE. 1. NKOLIOINCK is the failure to do what a reasonable and prudent...would ordinarily have done under the circumstances, or the doing of what such a person would not have done under those circumstances. This definition does... | |
 | William Weeks Morrill - 1895 - 952 sivua
...plaintiff in the court below, was properly overruled. In Railroad Co. v. Jones, 95 US 439, it is said negligence is the failure to do what a reasonable...and prudent person would ordinarily have done, under Telegraph & Telephone Co. v. Robinson. the circumstances of the situation, or doing what such a person,... | |
 | Herbert Ransom Spencer - 1895 - 540 sivua
...failure to do what a reasonably prudent person would ordinarily have done under the circumstances, or the doing what such a person, under the existing circumstances, would not have done." 2 The term, in its application to maritime conduct, has the same signification it has at common law... | |
 | William Wirt Howe - 1896 - 374 sivua
...Railroad Company v. Jones,2 the Supreme Court of the United States laid down the following rules : — "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... | |
 | 1896 - 746 sivua
...Railway Co., 20 S. Car. 222, the supreme court has denned negligence as follows: ' Negligence is a failure to do what a reasonable and prudent person...done under the circumstances of the situation, or the doing what such a person under the existing circumstances would not have done. The essence of the... | |
 | 1897 - 930 sivua
...Renne.ker v. South Carolina B. Co. 20 S. C. 222, the supreme court has defined negligence as follows: 'Negligence is the failure to do what a reasonable...not have done. The essence of the fault may lie in the omission or commission. The duty is dictated and measured by the exigencies of the occasion. '... | |
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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. 
