| North Carolina. Supreme Court - Law reports, digests, etc - 1905 - 922 pages
...v. RAILROAD. circumstances suggested and required. The approved meaning of the term is the omission to do what a reasonable and prudent person would ordinarily...circumstances of the situation, or doing what such a person under the existing circumstances would not have done. The duty, thus imposed, is dictated... | |
| Law reports, digests, etc - 1896 - 644 pages
...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... | |
| Law - 1877 - 1004 pages
...Madison, Sup. Ct. Wis., t. LN, Dec. 15, p. 103; se.. Rep., Jan. 9, p. 59. Contributory negligence. — 1. Negligence is the failure to do what a reasonable...circumstances of the situation, or doing what such a person under the existing circumstances would not have done ; The essence of the fault may lie in... | |
| Law - 1877 - 980 pages
...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...circumstances of the situation, or doing what such a person under the existing circumstances would not have done; The essence of the fault may lie in... | |
| Law reports, digests, etc - 1878 - 680 pages
...not." The instruction was refused, and the defendant's counsel excepted. Held, Error. Negligence is failure to do what a reasonable and prudent person...circumstances of the situation, or doing what such a person, under the existing circumstances, would not have done. The essence of the fault may lie in... | |
| United States. Supreme Court - Law reports, digests, etc - 1878 - 858 pages
...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 of the situation, or doing what such a person under the existing circumstances would not have done. The essence of the fault may lie in... | |
| Nevada. Supreme Court - Law reports, digests, etc - 1879 - 592 pages
...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... | |
| Nevada. Supreme Court - Law reports, digests, etc - 1879 - 584 pages
...the severo 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. Wo are of opinion that it would have been clearly erroneous for the... | |
| Law - 1883 - 818 pages
...BERMUDEZ, CJ In the case of RR Co. v. Jones, 5 Otto 441. the Supreme Court of the United States says: " 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. The essence of the fault may lie, in omission... | |
| Louisiana. Supreme Court - Law reports, digests, etc - 1883 - 1388 pages
...claimed. In the tiase of the RR Co. vs. Jones, 5 Otto, 441, the Supreme Court of the United States says: " 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. The essence of the fault may lie in omission... | |
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