| Jay Ford Laning - Law - 1897 - 492 pages
...would do; or the doing something which a prudent fand reasonable man would not do. In other words, it is the failure to do what a reasonable and prudent...done under the circumstances of the situation, or the doing what such a person under the existing circumstances would not have done; and contributory... | |
| Law reports, digests, etc - 1898 - 918 pages
...25 LJ Exch. NS 212, 2 Jur. NS 333. Negligence Is the failure to do what a reasonable and prudent man would ordinarily have done under the circumstances...would not have done. The essence of the fault may be in omission or commission. The duty Is dictated by the exigencies of the occasion. Swuyne, J., In... | |
| Law - 1898 - 252 pages
...Exch. N. 8. 212, 2 Jur. N. 8. 333. Negligence is the failure to do what a reasonable and prudent man would ordinarily have done under the circumstances...would not have done. The essence of the fault may be in omission or commission. The duty is dictated by the exigencies of the occasion. Swayne, J., in... | |
| Law reports, digests, etc - 1899 - 914 pages
...С. С. А. 52; Sheehan v. New York С. <£ Я. RR Со. 91 NY 332 ; McLeod v. Ginther, 80 Ky. 399. Negligence is the failure to do what a reasonable...circumstances of the situation; or doing what such person under the existing circumstances would not have done. Baltimore & PR Co. v. Jones, 95 US 441,... | |
| United States. Department of the Interior - Bounties, Military - 1900 - 530 pages
...Waterworks Co., 25 LJ Ex., 213.) Negligence is the failure to do what a rеaйоиaЫе and prndent person would ordinarily have done under the circumstances...what such a person, under the existing circumstances, nut have done. tBaltimore, ete., R. Co. r. James, 95 US, 439.) Applying these principles to the facts... | |
| Louisiana. Supreme Court - Law reports, digests, etc - 1886 - 1038 pages
...negligence complained of must have boon the immediate cause of the injury sustained by plaintiff. 5. Negligence is the failure to do what a reasonable...would ordinarily have done under the circumstances, or doing what such person under the existing circumstances would not havo done. 95 US Reports, p. 441,... | |
| Railroad law - 1900 - 810 pages
...exceptions to the charge which follow. The first of these is to the g!fHft!?ne~ definition of negligence as "the failure to do what a reasonable and prudent person would ordinarily R Cas (NS) Bradley v. Ohio River & C. Ry. Co have done under the circumstances of the situation ; the... | |
| John Milton Gardner, Walter James Eagle - Employers' liability - 1901 - 836 pages
...Thus, in Bait. & Ohio RR Co. v. Jones, 95 US 439, 7 Am. Neg. Cas. 340, it is defined as follows: " 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." The latter... | |
| Railroad law - 1901 - 1020 pages
...negligence. 'Negligence is the absence of due care.' Another definition: 'Negligence' is defined to be 'the failure to do what a reasonable and prudent person would ordinarily have done in a certain situation, or doing what an ordinarily prudent person would not have done. ' That is the... | |
| |