 | Virginia. Supreme Court of Appeals, Benjamin Watkins Leigh, Conway Robinson, Peachy Ridgway Grattan, James Muscoe Matthews, George W. Hansbrough, Martin Parks Burks - Law reports, digests, etc - 1907 - 1020 pages
...45, 24 1ST. W. 311. In B. & PR Co. v. Jones, 95 US 439, 24 L. Ed. 506, 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... | |
 | Thomas McIntyre Cooley - Torts - 1907 - 1028 pages
...others."1 "Negligence is the absence of that measure of care which the circumstances require. " 2 " Negligence is the failure to do what a reasonable...under the existing circumstances would not have done. ' ' * Negligence is a relative i Flske v. Forsythe DLB Co., 57 Conn. 118, 119, 17 AU. 356. * Jackson... | |
 | Thomas Beven - Negligence - 1908 - 938 pages
...definition of negligence, which, says Swayne, J., in Railroad Co. v. Jones, 95 US (5 Otto) 439, 441, is " the failure to do what a reasonable and prudent...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." That... | |
 | Albert Hutchinson Putney - Law - 1908 - 774 pages
...without contributory negligence on his part has suffered injury to his person or property. ' ' B ' 'Negligence is the failure to do what a reasonable...under the existing circumstances would not have done." ' "Negligence is the unintentional failure to perform a duty implied by law, whereby damage naturally... | |
 | Montana. Supreme Court - Law reports, digests, etc - 1908 - 776 pages
...act. In Baltimore etc. RR Co. v. Jones, 95 US 439, 24 L. Ed. 506, negligence is defined as follows: "Negligence is the failure to do what a reasonable...under the existing circumstances would not have done." We approve this definition, and under its terms we cannot see how it can be said that the plaintiff's... | |
 | Albert H. Putney - Law - 1908 - 376 pages
...plaintiff without contributory negligence on his part has suffered injury to his person or property."8 "Negligence is the failure to do what a reasonable...the existing circumstances would not have done."* "Negligence is the unintentional failure to perform a duty implied by law, whereby damage naturally... | |
 | Law - 1908 - 554 pages
...act. In Baltimore, etc., RR Co. v. Jones, 95 US 439, 24 L. Ed. 506, negligence Is defined as follows: "Negligence Is the failure to do what a reasonable...under the existing circumstances would not have done." We approve this definition, and under its terms we cannot see how it can be said that the plaintiff's... | |
 | William Taylor Hughes - Law - 1908 - 248 pages
...act concurring with an unforeseen event is not an actionable tort. Nichols ; Fletcher. Tort defined: Failure to do what a reasonable and prudent person...circumstances of the situation, or doing what such a persoi would not have done. Blyth Case ; Baltimore RR v. Jones (1877), 95 US 441 (24 L. ed. 506) ;... | |
 | North Carolina - Law - 1908 - 1482 pages
...Collier v. Arlington, 61-356. ACTIONABLE NEGLIGENCE DEFINED. Actionable negligence is the omission to do what a reasonable and prudent person would ordinarily...done under the circumstances of the situation, or the doing what such a person under the existing circumstances would not have done: Fuller v. R. R,.... | |
 | Law reports, digests, etc - 1894 - 1052 pages
...directing a verdict for the defendants. In Railroad Co. v. Jones, supra, it is laid down 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. See Whart.... | |
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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. 
