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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. "
The Central Law Journal - Page 389
1908
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Torts. Damages. Domestic relations

Albert Hutchinson Putney - Law - 1908 - 774 pages
...without contributory negligence on his part has suffered injury to his person or property. ' ' B ' 'Negligence is the failure to do what a reasonable...under 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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General relations

Thomas Beven - Negligence - 1908 - 938 pages
...definition of negligence, which, says Swayne, J., in Railroad Co. v. Jones, 95 US (5 Otto) 439, 441, is " the failure to do what a reasonable and prudent...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...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 36

Montana. Supreme Court - Law reports, digests, etc - 1908 - 776 pages
...v. Citizens' Electric Co., 574. Negligence — Definition. 45. The definition of negligence as being "the failure to do what a reasonable and prudent person...under the existing circumstances would not have done," approved. — Birsch v. Citizens' Electric Co., 574. Electricity — Contributory Negligence — Presumptions....
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General relations

Thomas Beven - Negligence - 1908 - 960 pages
...US (5 Otto) 43'.), 441, is " the failure to do what a reasonable and prudent person would oulinarily have done under the circumstances of the situation,...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...
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Revisal of 1908 of North Carolina: Being the Public and General ..., Volume 1

North Carolina - Law - 1908 - 1482 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: Fuller v. R. R,. 140-480; Turrentine v. Wellington, 136-308; Carter v. Lumber Co., 129-209 — or the...
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The Pacific Reporter, Volume 107

Law reports, digests, etc - 1910 - 1146 pages
...Dig. §§ 151-156; Dec. Dig. § 95.*] 8. NEGLIGENCE (§ l«) — WHAT is "NEGLIGENCE." "Négligence" is the failure to do what a reasonable and prudent...under the existing circumstances, would not have done. [Ed. Note.— For other cases, see Negligence, Cent. Dig. § 1 ; Dec. Dig. § 1.* For other definitions,...
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The Pacific Reporter, Volume 107

Law reports, digests, etc - 1910 - 1304 pages
...failure to do what a reasonable and prudent person would ordinarily have done under the circumstances o£ the situation, or doing what such a person, under the existing circumstances, would not have done. [Ed. Note. — For other cases, see Negligence, Cent. Dig. § 1 ; Dec, Dig. § 1.* For other definitions,...
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The American State Reports: Containing the Cases of General ..., Volume 135

Abraham Clark Freeman - Law reports, digests, etc - 1911 - 1228 pages
...for personal injuries, (pp. 631, 632.) NEGLIGENCE is a Failure to Do What a Seasonable and prndent person would ordinarily have done under the circumstances...under the existing circumstances would not have done. (p. 633.) NEGLIGENCE— Effect of Specific Allegations.— Where the com plnint in negligence cases,...
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The Law of the Employment of Labor

Lindley Daniel Clark - Labor laws and legislation - 1911 - 408 pages
...what a reasonable and prudent person would have done under the circumstances of the situation, or the doing what such a person under the existing circumstances would not have done." 1 It is not necessary that the particular injury could have been foreseen, or the particular manner...
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Opinions of the Solicitor for the Department of Commerce and Labor Dealing ...

United States. Solicitor of the Dept. of Commerce and Labor - Employers' liability - 1912 - 662 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. (95 IT. S., 441.) It is surely setting too high a standard of caution and expecting altogether too...
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