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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 N.Y. Weekly Digest of Cases Decided in the U.S. Supreme, Circuit, and ... - Side 480
1878
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North Carolina Reports: Cases Argued and Determined in the ..., Volum 140

North Carolina. Supreme Court - 1905 - 922 sider
...them in passing upon the question of negligence. Fuller v. Railroad, 480. Negligence is the omission to do what a reasonable and prudent person would ordinarily...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...
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Weekly Notes of Cases Argued and Determined in the Supreme Court ..., Volum 38

1896 - 644 sider
...Negligence is the want of care required by the circumstances. It may "lie in omission or commission, in the failure to do what a reasonable and prudent person...done under the circumstances of the situation, or in doing what such a person under the existing circumstances would not have done :" Baltimore Railroad...
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The Southern Law Review, Volum 3

1877 - 1004 sider
...t. LN, 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...essence of the fault may lie in omission or commission ; One who by his negligence has brought an injury upon himself cannot recover damages for it. but where...
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The Southern Law Review: And Chart of the Southern Law and ..., Volum 3

1877 - 980 sider
...Dec. 15, p. 103; >. c., Rep., Jan. 9, p. 59. —.— Contributory negligence.—1. Negligence is the failure to do what a reasonable and prudent person...not have done; The essence of the fault may lie in omi.-sion or commission ; One who by his negligence has brought an injury upon himself cannot recover...
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Reports of Cases Determined in the Supreme Court of the Territory ..., Volum 27

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
...not push the plaintiff from the train. The third instruction given is as follows: "Negligence is the failure to do what a reasonable and prudent person...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...
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Reports of Cases Determined in the Supreme Court of the Territory ..., Volum 4

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...
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Reports of Decisions of the Supreme Court of the State of Nevada, Volum 13

Nevada. Supreme Court - 1879 - 592 sider
...the severe gusts of wind. Having the right to walk upon the track, the plaintiff was only required to do what a reasonable and prudent person would ordinarily have done under the same or similar circumstances. We are of opinion that it would have been clearly erroneous for the...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumer 13-14

1882 - 1916 sider
...ordinarily have done under the circumstances of the situation ; or in doing what such person, under existing circumstances, would not have done. The essence of the fault may lie in omission or commission. Carelessness and negligence are relative terms. What might be negligence under some circumstances,...
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The Federal Reporter, Volum 126

1904 - 1126 sider
...the light of the definition of the word 'negligence' now given you by the court: 'Negligence la the failure to do what a reasonable and prudent person would ordinarily have done uuder the circumstances of the situation, or the doing of what such a person under existing circumstances...
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The Federal Reporter, Volum 135

1905 - 1124 sider
...right which instructed them that negligence was "the failure to do what reasonable and prudent persons would ordinarily have done under the circumstances of the situation, or doing what reasonable and prudent persons, under the existing circumstances, would not have done. * * * You fix...
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