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
| Jackson Harvey Ralston - Venezuela - 1904 - 1146 pages
...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. (Ibid., citing 95 Г. 8., 441. ) See Bouvier under the head "Negligence" for further quotations. Laches... | |
| North Carolina. Supreme Court - Law reports, digests, etc - 1905 - 858 pages
...and ordinary care to prevent any personal injury to any of them in the prosecution of his work." 2. "Negligence is the failure to do what a reasonable...the existing circumstances, would not have done." 3. "If the defendant placed a gang of hands on the side or bench of the side of the embankment above... | |
| Law reports, digests, etc - 1905 - 986 pages
...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... | |
| Law reports, digests, etc - 1905 - 992 pages
...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...under the existing circumstances would not have done. The essence of the fault may be In omission or commission. The dnty Is dictated by the exigencies of... | |
| Texas. Court of Civil Appeals - Law reports, digests, etc - 1905 - 778 pages
...failure to do what a reasonable and prudent person would ordinarily have done under the circumstances, or doing what such a person under the existing circumstances would not have dune,-' does not present reversible error in the absence of request for a more explicit and accurately... | |
| Law reports, digests, etc - 1906 - 1178 pages
...Ry. Co., 34 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...under the existing circumstances would not have done. The duty Is dictated and measured by the exigencies of the occasion. "Plaintiff held not entitled to... | |
| Law reports, digests, etc - 1906 - 1076 pages
...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...under the existing circumstances would not have done. The duty, thus Imposed, Is dictated and measured by the particular exigencies of the occasion. The... | |
| Virginia. Supreme Court of Appeals, Benjamin Watkins Leigh, Conway Robinson, Peachy Ridgway Grattan, James Muscoe Matthews, George W. Hansbrough, Martin Parks Burks - Law reports, digests, etc - 1907 - 1020 pages
...Co., 34 Minn. 45, 24 1ST. W. 311. In B. & PR Co. v. Jones, 95 US 439, 24 L. Ed. 506, the syllabus is as follows: "Negligence is the failure to do what...under the existing circumstances would not have done. The duty is dictated and measured by the exigencies of the occasion. "Plaintiff held not entitled to... | |
| Thomas McIntyre Cooley - Torts - 1907 - 1028 pages
...others."1 "Negligence is the absence of that measure of care which the circumstances require. " 2 " Negligence is the failure to do what a reasonable...under the existing circumstances would not have done. ' ' * Negligence is a relative i Flske v. Forsythe DLB Co., 57 Conn. 118, 119, 17 AU. 356. * Jackson... | |
| Albert H. Putney - Law - 1908 - 376 pages
...plaintiff without contributory negligence on his part has suffered injury to his person or property."8 "Negligence is the failure to do what a reasonable...the existing circumstances would not have done."* "Negligence is the unintentional failure to perform a duty implied by law, whereby damage naturally... | |
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