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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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Ohio Legal News, Volume 4

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...
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Lawyers' Reports Annotated, Book 41

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...
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Case and Comment, Volume 5

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...
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Reports of Cases Decided in the Appellate Courts of the State of ..., Volume 72

Illinois. Appellate Court, Edwin Burritt Smith, Martin L. Newell - Law reports, digests, etc - 1898 - 710 pages
...excessive rain storm, and yet appellant be guilty of no negligence. The question is, has the city failed to do what a reasonable and prudent person would ordinarily have done under the same circumstances, or done that which such a person under the existing circumstances would not have...
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Lawyers' Reports Annotated, Book 43

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,...
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Decisions of the Department of the Interior in Appealed Pension ..., Volume 10

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...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 37

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,...
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The American and English Railroad Cases: A Collection of All Cases ...

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...
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American Negligence Reports, Current Series: (cited Am. Neg. Rep ..., Volume 9

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...
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The American and English Railroad Cases: A Collection of All Cases ...

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...
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