...to the jury directing a verdict for the defendants. In Railroad Co. v. Jones, supra, it is laid down 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...

...slippery condition of the platform and steps. [3] Negligence, as defined by the Supreme Court, consists in "the failure to do what a reasonable and prudent person...such a person under the existing circumstances would ngt have done." Railroad Co. v. Jones, 95 US 439, 24 L. Ed. 506. It cannot be said, as a matter of...

...equally honest and competent witnesses. "Negligence Is the failure to do what a reasonable and pniflent person would ordinarily have done under the circumstances...under the existing circumstances would not have done." Railroad Co. v. Jones, 95 TJ. S. 430, 441, 24 L. Ed. 506. [7] Obviously, when prudent and careful men,...

...train. The third instruction given Is as follows: "Negligence is the failure to do what a reasonable ami prudent person would ordinarily have done under the...under the existing circumstances, would not have done. The duty is dictated and measured by tue exigencies of the occasion. The burden of proving negligence...

...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." Railroad Co. v. Jones, 90 US 439. There is no question of contributory negligence In the case, because...

...DEFINITION. Negligence is the failure to do what л person of ordinary prudence would bave done ucder the circumstances of the situation, or doing what such a person under such circumstance would not have done. [Ed. Note.— For cases in point, see Cent. Dig. vol. 37, Negligence,...

...this case from the ruling by which it Is held that there was no evidence of contributory negligence. 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. The duty Is dictated and measured by the...

...the lack of due care under the circumstances; or the failure to do what a reasonable and prudent man would ordinarily have done under the circumstances...under the existing circumstances would not have done." A fair generalization of the rule is given in the Senate Committee report on the 1939 amendment: "In...

...the lack of due care under the circumstances; or the failure to do what a reasonable and prudent man would ordinarily have done under the circumstances...person under the existing circumstances would not have done.28 A fair generalization of the rule is given in the Senate Committee report on the 1939 amendment:...

...one fails to observe a standard of care in a particular situation, one is negligent. Put another way, negligence is the failure to do what a reasonable...the situation, or doing what such a person under the -11Cite as 2 Nav.R. 1 existing circumstances would not have done. Baltimore &. P. R . Co. v. Jones,...