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
 | North Carolina. Supreme Court - Law reports, digests, etc - 1905 - 922 pages
...them in passing upon the question of negligence. Fuller v. Railroad, 480. Negligence is the omission to do what a reasonable and prudent person would ordinarily...under the existing circumstances would not have done. Fuller v. Railroad, 480. Where the charter of the defendant city authorized it to operate an electric... | |
 | Law reports, digests, etc - 1896 - 644 pages
...Negligence is the want of care required by the circumstances. It may "lie in omission or commission, in the failure to do what a reasonable and prudent person...done under the circumstances of the situation, or in doing what such a person under the existing circumstances would not have done :" Baltimore Railroad... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1905 - 618 pages
...Negligence is a relative term and is well defined by the Supreme Court of the United States, as follows : "Negligence is the failure to do what a reasonable...essence of the fault may lie in omission or commission. The duty is dictated and measured by the exigencies of the occasion." Railroad v. Jones, 95 TJ. S.... | |
 | Law - 1877 - 980 pages
...Sup. (_X Wis., CLN, Dec. 15, p. 103; >. c., Rep., Jan. 9, p. 59. —.— Contributory negligence.—1. Negligence is the failure to do what a reasonable...not have done; The essence of the fault may lie in omi.-sion or commission ; One who by his negligence has brought an injury upon himself cannot recover... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1904 - 636 pages
...brakeman that he did not push the plaintiff from the train. The third instruction given is as follows: "Negligence is the failure to do what a reasonable...under the existing circumstances, would not have done. Klenk v. Railroad. The duty is dictated and measured by the exigencies of the occasion. The burden... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1890 - 658 pages
...incurred by him. At the request of the defendant the court further instructed the jury as follows: 1st. Negligence is the failure to do what a reasonable and prudent person would have done, under the circumstances of the situation, or doing what such a person under the existing... | |
 | Law reports, digests, etc - 1878 - 680 pages
...not." The instruction was refused, and the defendant's counsel excepted. Held, Error. Negligence is failure to do what a reasonable and prudent person...essence of the fault may lie in omission or commission. The duty is dictated and measured by the exigencies of the occasion. See Wharton on Negligence, §... | |
 | United States. Supreme Court - Law reports, digests, etc - 1878 - 858 pages
...is sufficient to dispose of the case. Negligence is the failure to do what a reasonable and pru dent person would ordinarily have done under the circumstances...essence of the fault may lie in omission or commission. The duty is dictated and measured by the exigencies of the. occasion. See Wbarton on Negligence, sect.... | |
 | Nevada. Supreme Court - Law reports, digests, etc - 1879 - 594 pages
...the severe gusts of wind. Having the right to walk upon the track, the plaintiff was only required to do what a reasonable and prudent person would ordinarily have done under the same or similar circumstances. We are of opinion that it would have been clearly erroneous for the... | |
 | Law reports, digests, etc - 1882 - 1916 pages
...ordinarily have done under the circumstances of the situation ; or in doing what such person, under existing circumstances, would not have done. The essence of the fault may lie in omission or commission. Carelessness and negligence are relative terms. What might be negligence under some circumstances,... | |
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