| 1905 - 1020 sivua
...'Nesligence is the failore to do what a reasonable and prudent per33 LRA son would ordinarily nave done under the circumstances of the situation, or...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. '... | |
| 1905 - 986 sivua
...negligent for failing to make effective provisions against it. Negligence is the failure to do wlmt a reasonable; and prudent person would ordinarily...such a person under the existing circumstances would nol have done. The essence of the fault may lie in omission or commission. The duty is dictated and... | |
| 1905 - 992 sivua
...Negligence Is the failure to do what a reasonable and prudent man would ordinarily have done ander the circumstances of the situation, or doing what...would not have done. The essence of the fault may be In omission or commission. The dnty Is dictated by the exigencies of the occasion. Swayne, J., in... | |
| North Carolina. Supreme Court - 1905 - 858 sivua
...personal injury to any of them in the prosecution of his work. 2. NEGLIGENCE—Master and Servant. Negligence is the failure to do what a reasonable...done under the circumstances of the situation, or done what such a person under the existing circumstances would not have done. 3. CONTRIBUTORY NEGLIGENCE—Master... | |
| 1905 - 954 sivua
...actionable negligence) ; Bradley v. Ohio River & C. Ry. Co. (N. Car.), 18 Am. & Eng. R. Cas.,NS, 340 ("the failure to do what a reasonable and prudent...have done under the circumstances of the situation ; the omission to use means reasonably necessary to avoid injury to others") ; McGraw *. Chicago, RI... | |
| Texas. Court of Civil Appeals - 1905 - 778 sivua
...authorize a. judgment against both defendants, was harmless. Id. - 10. A charge defining negligence as "the failure to do what a reasonable and prudent person would ordinarily have done under the circumstance*. or doing what such person under the existing circumstances woujd not have done," does... | |
| 1906 - 1178 sivua
...Minn. 45, 24 NW 311. In B. & PR Co. v. Jones, 95 US 430, 24 L. Ed. 500, the syllabus is as follows : "Negligence Is the failure to do what a reasonable...the existing circumstances would not have done. The duty Is dictated and measured by the exigencies of the occasion. "Plaintiff held not entitled to recover... | |
| 1906 - 1076 sivua
...situation and the circumstances suggested and required. The approved meaning of the term Is the omission to do what a reasonable and prudent person would ordinarily...the existing circumstances would not have done. The duty, thus Imposed, Is dictated and measured by the particular exigencies of the occasion. The essence... | |
| United States. Supreme Court - 1906 - 864 sivua
...consider them. In our view, the point presented by the third is sufficient to dispose of the case. the existing circumstances would 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... | |
| 1906 - 1298 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 navt done. . . . You fix... | |
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