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 Southern Law Review - Page 9721877Full view - About this book
| Law reports, digests, etc - 1905 - 1020 pages
...'Nesligence is the failore to do what a reasonable and prudent per33 LRA son would ordinarily nave done under the circumstances of the situation, or...not have done. The essence of the fault may lie in the omission or commission. The duty is dictated and measured by the exigencies of the occasion. '... | |
| 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...would not have done. The essence of the fault may be In omission or commission. The dnty Is dictated by the exigencies of the occasion. Swayne, J., in... | |
| North Carolina. Supreme Court - Law reports, digests, etc - 1905 - 858 pages
...personal injury to any of them in the prosecution of his work. 2. NEGLIGENCE—Master and Servant. Negligence is the failure to do what a reasonable...done under the circumstances of the situation, or done what such a person under the existing circumstances would not have done. 3. CONTRIBUTORY NEGLIGENCE—Master... | |
| Railroad law - 1905 - 954 pages
...actionable negligence) ; Bradley v. Ohio River & C. Ry. Co. (N. Car.), 18 Am. & Eng. R. Cas.,NS, 340 ("the failure to do what a reasonable and prudent...have done under the circumstances of the situation ; the omission to use means reasonably necessary to avoid injury to others") ; McGraw *. Chicago, RI... | |
| Texas. Court of Civil Appeals - Law reports, digests, etc - 1905 - 778 pages
...authorize a. judgment against both defendants, was harmless. Id. - 10. A charge defining negligence as "the failure to do what a reasonable and prudent person would ordinarily have done under the circumstance*. or doing what such person under the existing circumstances woujd not have done," does... | |
| Law reports, digests, etc - 1906 - 1178 pages
...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 a reasonable...the existing circumstances would not have done. The duty Is dictated and measured by the exigencies of the occasion. "Plaintiff held not entitled to recover... | |
| 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...the existing circumstances would not have done. The duty, thus Imposed, Is dictated and measured by the particular exigencies of the occasion. The essence... | |
| United States. Supreme Court - Law reports, digests, etc - 1906 - 862 pages
...consider them. In our view, the point presented by the third is sufficient to dispose of the case. 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 exigencies of the occasion. See Wharton 011 Negligence, sect.... | |
| Law reports, digests, etc - 1906 - 1298 pages
...right which instructed them that negligence was "the failure to do what reasonable and prudent persons would ordinarily have done under the circumstances of the situation, or doing what reasonable and prudent persons, under the existing circumstances, would not navt done. . . . You fix... | |
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