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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 - Seite 972
1877
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North Carolina Reports: Cases Argued and Determined in the Supreme ..., Band 140

North Carolina. Supreme Court - 1905 - 922 Seiten
...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 of ..., Band 38

1896 - 644 Seiten
...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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Reports of Cases Determined in the Supreme Court of the Territory ..., Band 28

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 Seiten
...Negligence is a relative term and is well defined by the Supreme Court of the United States, as follows : "Negligence is the failure to do what a reasonable...essence of the fault may lie in omission or commission. The duty is dictated and measured by the exigencies of the occasion." Railroad v. Jones, 95 TJ. S....
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The Southern Law Review: And Chart of the Southern Law and ..., Band 3

1877 - 980 Seiten
...Sup. (_X Wis., CLN, Dec. 15, p. 103; >. c., Rep., Jan. 9, p. 59. —.— Contributory negligence.—1. Negligence is the failure to do what a reasonable...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 ..., Band 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 Seiten
...brakeman that he did not push the plaintiff from the train. The third instruction given is as follows: "Negligence is the failure to do what a reasonable...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 of ..., Band 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 Seiten
...incurred by him. At the request of the defendant the court further instructed 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, or doing what such a person under the existing...
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The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme, Circuit ..., Band 5

1878 - 680 Seiten
...not." The instruction was refused, and the defendant's counsel excepted. Held, Error. Negligence is failure to do what a reasonable and prudent person...essence of the fault may lie in omission or commission. The duty is dictated and measured by the exigencies of the occasion. See Wharton on Negligence, §...
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United States Reports, Supreme Court: Cases Argued and ..., Band 5;Band 95

United States. Supreme Court - 1878 - 858 Seiten
...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...essence of the fault may lie in omission or commission. The duty is dictated and measured by the exigencies of the. occasion. See Wbarton on Negligence, sect....
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Reports of Decisions of the Supreme Court of the State of Nevada, Band 13

Nevada. Supreme Court - 1879 - 592 Seiten
...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 ..., Bände 13-14

1882 - 1916 Seiten
...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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