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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 Southern Law Review: And Chart of the Southern Law and Collection Union - Page 979
1877
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American Negligence Cases: A Complete Collection of All Reported ..., Volume 7

Law reports, digests, etc - 1897 - 830 pages
...consider them. In our view, the point presented by the third is sufficient to dispose of the case. Negligence is the failure to do what a reasonable...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...
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Negligence in Law: General relations

Thomas Beven - Negligence - 1895 - 1072 pages
...act as they did, but merely to save themselves trouble; so that it is not comprehended in that class prudent person would ordinarily have done under the...would not have done. The essence of the fault may be in omission or commission. The duty is dictated and measured by the exigencies of the occasion."...
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The Road Rights and Liabilities of Wheelmen: With Table of Contents and List ...

George Burr Clementson - Bicycles - 1895 - 256 pages
...DEFINITION OF NEGLIGENCE. — The definition of negligence given in Anderson1s Law Dictionary is : " Failure to do what a reasonable and prudent person...circumstances of the situation, or doing what such a person would not have done." 1 § 171. We have necessarily adverted to the subject of negligence in the past...
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The American State Reports: Containing the Cases of General Value ..., Volume 45

Abraham Clark Freeman - Law reports, digests, etc - 1895 - 1042 pages
...aee, aUo, the extended note to Shortet v. St. Jostph, 24 Am. St. Rep. 322. KEOLIOKNCE — WHAT is. — Negligence is the failure to do what a reasonable...would ordinarily have done under the circumstances, or the doing of what such a person would not hare done under those circumstances. This definition does...
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The American State Reports: Containing the Cases of General Value ..., Volume 40

Abraham Clark Freeman - Law reports, digests, etc - 1911 - 1026 pages
...JotHiM«_vm, 10; STAIUIKS, 14. MURDER. See HOMICIDE, RATIONAL BANKS. See BANKS, 6. NEGLIGENCE. 1. NKOLIOINCK is the failure to do what a reasonable and prudent...would ordinarily have done under the circumstances, or the doing of what such a person would not have done under those circumstances. This definition does...
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American Electrical Cases (cited Am Electl. Cas.): Being a ..., Volume 4

William Weeks Morrill - Electric utilities - 1895 - 952 pages
...plaintiff in the court below, was properly overruled. In Railroad Co. v. Jones, 95 US 439, it is said negligence is the failure to do what a reasonable...and prudent person would ordinarily have done, under Telegraph & Telephone Co. v. Robinson. the circumstances of the situation, or doing what such a person,...
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A Treatise on the Law of Marine Collisions

Herbert Ransom Spencer - Collisions at sea - 1895 - 540 pages
...failure to do what a reasonably prudent person would ordinarily have done under the circumstances, or the doing what such a person, under the existing circumstances, would not have done." 2 The term, in its application to maritime conduct, has the same signification it has at common law...
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Studies in the Civil Law, and Its Relations to the Law of England and America

William Wirt Howe - Civil law - 1896 - 374 pages
...Railroad Company v. Jones,2 the Supreme Court of the United States laid down the following rules : — "Negligence is the failure to do what a reasonable...not have done. The essence of the fault may lie in omission or commission. "One who by his negligence has brought an injury upon himself cannot recover...
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The American and English Railroad Cases: A Collection of All Cases ...

Railroad law - 1896 - 746 pages
...Railway Co., 20 S. Car. 222, the supreme court has denned negligence as follows: ' Negligence is a failure to do what a reasonable and prudent person...done under the circumstances of the situation, or the doing what such a person under the existing circumstances would not have done. The essence of the...
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Lawyers' Reports Annotated, Book 33

Law reports, digests, etc - 1897 - 930 pages
...Renne.ker v. South Carolina B. Co. 20 S. C. 222, the supreme court has defined negligence as follows: 'Negligence is the failure to do what a reasonable...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. '...
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