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
| 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... | |
| 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... | |
| 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.... | |
| 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... | |
| 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... | |
| 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,... | |
| 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,... | |
| 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,... | |
| 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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