 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 Central Law Journal - Page 3891908Full view - About this book
 | North Carolina. Supreme Court - Law reports, digests, etc - 1905
...v. RAILROAD. circumstances suggested and required. The approved meaning of the term is the omission to do what a reasonable and prudent person would ordinarily...under the existing circumstances would not have done. The duty, thus imposed, is dictated and measured by the particular exigencies of the occasion. The... | |
 | Law reports, digests, etc - 1896
...reasonable and prudent person would ordinarily have done under the circumstances of the situation, or in doing what such a person under the existing circumstances would not have done :" Baltimore Railroad Co. v. Jones, 95 US 439. There is no question of contributory negligence in the... | |
 | 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 - Law reports, digests, etc - 1905
...negligence. 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...under 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... | |
 | 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 - Law reports, digests, etc - 1904
...statement of the 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...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... | |
 | Law - 1877
...Sup. (_X Wis., CLN, Dec. 15, p. 103; >. c., Rep., Jan. 9, p. 59. —.— Contributory negligence.—1. Negligence is the failure to do what a reasonable...under the existing circumstances would not have done; The essence of the fault may lie in omi.-sion or commission ; One who by his negligence has brought... | |
 | Law - 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...under the existing circumstances would not have done ; The essence of the fault may lie in omission or commission ; One who by his negligence has brought... | |
 | 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 - Law reports, digests, etc - 1890
...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,...under the existing circumstances would not have done. 2d. Contributing negligence is defined to be that act on the part of a party injured that is proximate... | |
 | Law reports, digests, etc - 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...under 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... | |
 | United States. Supreme Court - Law reports, digests, etc - 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...under 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... | |
 | John Bouvier - Law - 1883
...reasonable and prudent person would ordinarily have done under the circumstances of the situation, or the doing what such a person under the existing circumstances would not have done. 95 US 441, per Swayne, J. Dr. A\ harton (Negligence, § 3) defines the term as follows : ' ' Negligence,... | |
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