 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 Southeastern Reporter - Side 2981906Uten tilgangsbegrensning - Om denne boken
 | North Carolina. Supreme Court - 1905 - 922 sider
...considered by them in passing upon the question of negligence. Fuller v. Railroad, 480. Negligence is the omission to do what a reasonable and prudent...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... | |
 | 1896 - 644 sider
...reasonable and prudent person would ordinarily have done under the circumstances of the situation, or in doing what such a person under the existing circumstances would not have done :" Baltimore Railroad Co. v. Jones, 95 US 439. There is no question of contributory negligence in the... | |
 | 1877 - 1004 sider
...Dec. 15, p. 103; se.. Rep., Jan. 9, p. 59. Contributory negligence. — 1. Negligence is the failure to do what a reasonable and prudent person would ordinarily...the existing circumstances would not have done ; The essence of the fault may lie in omission or commission ; One who by his negligence has brought an injury... | |
 | 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 - 1905 - 618 sider
...is well defined by the Supreme Court of the United States, as follows : "Negligence is the failure to do what a reasonable and prudent person would ordinarily...the existing circumstances would not have done. The essence of the fault may lie in omission or commission. The duty is dictated and measured by the exigencies... | |
 | 1877 - 980 sider
...p. 103; >. c., Rep., Jan. 9, p. 59. —.— Contributory negligence.—1. Negligence is the failure to do what a reasonable and prudent person would ordinarily...the existing circumstances would not have done; The essence of the fault may lie in omi.-sion or commission ; One who by his negligence has brought an... | |
 | 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 - 1904 - 636 sider
...the plaintiff from the train. The third instruction given is as follows: "Negligence is the failure to do what a reasonable and prudent person would ordinarily...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 - 1890 - 658 sider
...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,...under the existing circumstances would not have done. 2d. Contributing negligence is defined to be that act on the part of a party injured that is proximate... | |
 | 1878 - 680 sider
...The instruction was refused, and the defendant's counsel excepted. Held, Error. Negligence is failure to do what a reasonable and prudent person would ordinarily...the existing circumstances, would not have done. The essence of the fault may lie in omission or commission. The duty is dictated and measured by the exigencies... | |
 | United States. Supreme Court - 1878 - 858 sider
...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...the existing circumstances would not have done. The essence of the fault may lie in omission or commission. The duty is dictated and measured by the exigencies... | |
 | John Bouvier - 1883 - 876 sider
...reasonable and prudent person would ordinarily have done under the circumstances of the situation, or the doing what such a person under the existing circumstances would not have done. 95 US 441, per Swayne, J. Dr. A\ harton (Negligence, § 3) defines the term as follows : ' ' Negligence,... | |
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