 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.  Reports of Cases Determined in the Supreme Court of the Territory of Utah - Page 430by Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, John Walcott Thompson, Joseph M. Tanner, George L. Nye, William S. Dalton, August B. Edler, H. Arnold Rich, Alonzo Blair Irvine, Harmel L. Pratt - 1904Full view - About this book
 | 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 - Law reports, digests, etc - 1890 - 658 pages
...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... | |
 | 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... | |
 | Law reports, digests, etc - 1904 - 1126 pages
...In 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... | |
 | Law reports, digests, etc - 1908 - 2268 pages
...of a breach of duty which, in law, amounted to negligence, yet if the plaintiff, by doing that which a reasonable and prudent person would ordinarily have done under the circumstances, could have prevented the injury, and he failed to do that, he cannot recover, because the law says... | |
 | Law reports, digests, etc - 1904 - 1174 pages
...the time the plaintiff left the train it was running 12 or 15 mile« an hour. The witness Loveland testified that, In his Judgment, the train was running...would ordinarily have done under the circumstances of tiio situation, or doing what such a person, under t lie existing circumstances, would not have done.... | |
 | Law reports, digests, etc - 1894 - 1156 pages
...a person not a passenger. Breinig's Case, 25 Aid. 378. If this be so, the duty of the conductor was to do what a reasonable and prudent person would ordinarily...have done under the circumstances of the situation. Coughlan's Case, 24 Md. 84. Riuggold was a sane man, in full possession of his faculties, and accustomed... | |
 | Law reports, digests, etc - 1900 - 1134 pages
...rather than substance. The statement to the Jury was that neglect to perform a legal duty is "tin' failure to do what a reasonable and prudent person would ordinarily have done under the same circumstances." Again: "The defendant corporation was bound to see to it, as a reasonable and... | |
 | Law reports, digests, etc - 1894 - 1112 pages
...absence of that care which men ordinarily bestow in the management of their own business and affairs. It is the failure to do what a reasonable and prudent person would ordinarily have done under tae circumstances of the situation, or the doing what such person— that Is, a reasonable and prudent... | |
 | Law reports, digests, etc - 1895 - 1042 pages
...aee, aUo, the extended note to Shortet v. St. Jostph, 24 Am. St. Rep. 322. KEOLIOKNCE — WHAT is. — Negligence is the failure to do what a reasonable...would ordinarily have done under the circumstances, or the doing of what such a person would not hare done under those circumstances. This definition does... | |
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