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" ... the failure to observe, for the protection of the interests of another person, that degree of care, precaution, and vigilance which the circumstances justly demand, whereby such other person suffers injury. "
Atlantic Reporter - Page 219
1913
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Reports of Cases at Law and in Equity Argued and Determined in ..., Volume 38

Arkansas. Supreme Court - Law reports, digests, etc - 1842 - 742 pages
...legal sense is no more nor less than this, the failure to observe, for the protection of the interest of another person, that degree of care, precaution...demand, whereby such other person suffers injury." Negligence has been briefly defined to be, the absence of care, according to the circumstances. Philadelphia,...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 88

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1892 - 830 pages
...negligence in the sense used in this case to be "the failure to observe for the protection of the interest of another person that degree of care, precaution,...demand, whereby such other person suffers injury; " citing Railway Co. v. Stark, 38 Mich. 717; Brown v. Railway Co., 49 Id. 153; Kendrick v. Towle, 60...
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North Carolina Reports: Cases Argued and Determined in the ..., Volume 140

North Carolina. Supreme Court - Law reports, digests, etc - 1905 - 922 pages
...instructed the jury that "negligence is the failure to observe, for the protection of the interest of another person, that degree of care, precaution...demand, whereby such other person suffers injury." It hardly admits of argument that hanging a live wire on a pole, in the manner testified to by all of...
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A Treatise Upon the Law of Principal and Agent in Contract and Tort

William Evans - Agency (Law) - 1879 - 802 pages
...out when the failure is shown." " For negligence in a legal sense is no more nor less than this: the failure to observe, for the protection of the interests...demand, whereby such other person suffers injury." It seems, therefore, an inaccurate use of language to transfer to the term, negligence, those epithets...
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Reports of Cases Argued and Determined in the Various Courts of ..., Volume 1

Louisiana. Courts of Appeal, Frank McGloin - Law reports, digests, etc - 1881 - 438 pages
...Negligence, in a legal sense, is the failure to observe for the protection of the interests of others that degree of care, precaution and vigilance which the circumstances justly demand, whereby injury is inflicted. In cases of injury to live stock, the best authorities hold railroad companies...
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1882 - 834 pages
...legal sense is no more nor less than this, the failure to observe, for the protection of the interest of another person, that degree of care, precaution...the circumstances justly demand, whereby such other pei-son suffers injury." Negligence has been briefly defined to be the absence of care, according to...
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - Railroad law - 1883 - 796 pages
...likely to be injuriously affected by the want of it. Flint &P. II. RR v. Stork, 38 Mich. 717. It is "the failure to observe, for the protection of the interests...demand whereby such other person suffers injury," (Cooley, Torts. 630,) and as already said in order to ascertain whether the acts of the servant in...
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The American Law Register, Volume 22

Law - 1883 - 908 pages
...nor less than " the failure to observe, for the protection of the interests of another person, thut degree of care, precaution and vigilance which the...demand, whereby such other person suffers injury." To the same effect are the words of WIU.ES, J., in Grill v. General Iron Screw Colliery Co., LR, 1...
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The Atlantic Reporter, Volume 84

Law reports, digests, etc - 1913 - 1140 pages
...might have been known to the defendant, to be a person who did not possess the skill, care and prudence use said motion levers with safety, but the said defendant,...on the base or lower die of the hammer machine, and that as a result of the injury the arm had subsequently to be amputated below the elbow. [6] The ground...
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Atlantic Reporter, Volume 50

Law reports, digests, etc - 1902 - 1196 pages
...269, 40 Atl. 1114; Knopf v. Railroad Co., 2 Penncwill, 392, 46 Atl. 747. It has been also termed the failure to observe, for the protection of the interests...demand, whereby such other person suffers Injury. Cooley, Torts, 630; Tully v. Railroad Co. (Del. Sup.; not yet officially reported) 47 Atl. 1019. In...
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