Search Images Maps Play YouTube News Gmail Drive More »
Sign in
Books Books
" Negligence is a violation of the obligation which enjoins care and caution in what we do. But this duty is relative, and where it has no existence between particular parties, there can be no such thing as negligence in the legal sense of the term. "
The Monthly Law Reporter - Page 110
1853
Full view - About this book

Reports of Cases Argued and Adjudged in the Superior Court of ..., Volume 1

Robert D. Handy, John H. Handy - Law reports, digests, etc - 1855 - 638 pages
...ground of complaint. In the case of the Tonawanda Railroad Company vs. Hunger, 5 Denio 266, it is said, "Negligence is a violation of the obligation which...in the legal sense of the term. A man is under no obligations to be cautious and circumspect towards a wrong doer. A horse straying in a field, falls...
Full view - About this book

The American Law Register, Volume 3

Electronic journals - 1855 - 804 pages
...towards him. In the case of The Tonawanda Railroad Company vs. Hunger, (6 Denio, 266,) the Court said : " Negligence is a violation of the obligation which...has no existence between particular parties, there cnn be no such thing as negligence in the legal scuse of the term. A man is under no obligations to...
Full view - About this book

A Treatise on the Law of Highways

Joseph Kinnicut Angell, Thomas Durfee - Highway law - 1857 - 484 pages
...consequences to him not suffered by any one in a passenger car. It was held, that negligence is the violation of the obligation which enjoins care and caution in what we do, and* that the plaintiff', not being under an obligation to be more prudent and careful than he was,...
Full view - About this book

Reports of Cases Argued and Determined in the Superior Court of ..., Volume 20

Joseph S. Bosworth, New York (State). Superior Court (New York) - Law reports, digests, etc - 1863 - 740 pages
...negligence " signifies an omission of duty toward those to whom it is owing. This duty is relative, and there can be no such thing as negligence, in the legal sense of the term, where relative duties do not exist between the parties. There is no rule of law which enjoins care...
Full view - About this book

A Digest of New York Statutes and Reports: From the Earliest ..., Volume 4

Benjamin Vaughan Abbott, Austin Abbott - Law reports, digests, etc - 1864 - 810 pages
...the amount of the bond, as fixed by the Court of Chancery, is conclusive. Ib. NEGLIGENCE. 1. Defined. Negligence is a violation of the obligation which enjoins care and caution in what we do. Even when gross, H is but an omission of dnty. Supreme Ct., 1848, Tonawanda RR Co. v. Mnnger, 5 Den.,...
Full view - About this book

Practice Reports in the Supreme Court and Court of Appeals, Volume 32

Nathan Howard (Jr.) - Civil procedure - 1867 - 636 pages
...whom it voluntarily misleads. In such case the language of Chief Justice BEARDSLEY is appropriate : " A man is under no obligation to be cautious and circumspect towards a wrong-doer " ( Tonawanda RR Co. agt. Munger, 5 Denio, 266). It is not true that a traveler on a public thoroughfare,...
Full view - About this book

Reports of Cases Tried and Determined at Nisi Prius, in the ..., Volume 2

Charles Richards Brown - Law reports, digests, etc - 1871 - 426 pages
...the Tonaa-andii R. Co. rs. Hunger, 5 Den., 255, 2IJ7. '• Negligence,1' says the learned Judge, " is a violation of the obligation which enjoins care and caution in what we do '' And yet, this definition does not give us an idea of the extent and degree of the care and caution...
Full view - About this book

A Treatise on the Law of Negligence

Francis Wharton - Negligence - 1874 - 960 pages
...short of wanton and malicious mischief. In the case above cited, Mr. Chief Justice Beardsley said : ' Negligence is a violation of the obligation which...obligation to be cautious and circumspect towards a tcrong-doer. A horse strayin" in a field falls into a pit left § 398.J CONTRIBUTORY NEGLIGENCE : §...
Full view - About this book

Reports of Cases Argued and Adjudged in the Superior Court of Cincinnati in ...

Ohio. Superior Court (Cincinnati), Robert D. Handy, John H. Handy - Law reports, digests, etc - 1877 - 694 pages
...of complaint. In the case of the Tonawanda Eailroad Company v. Hunger, 5 Denio 266, it is said : " Negligence is a violation of the obligation which enjoins care and caution in what wo do. But this duty is relative, and where it has no existence between particular parties, there can...
Full view - About this book

A Treatise Upon Some of the General Principles of the Law: Whether ..., Volume 4

William Wait - Actions and defenses - 1878 - 1004 pages
...Moaeley, 29 Ala. 302 ; Mowrey v. Central City Railway, 66 Barb. 43. Or, as more briefly defined, " negligence is a violation of the obligation which enjoins care and caution in what we do." BEARDSLEY, CJ, in Tonawanda RR Co. v. Hunger, 5 Denio, 255, 266. In negligence, there is an absence...
Full view - About this book




  1. My library
  2. Help
  3. Advanced Book Search
  4. Download EPUB
  5. Download PDF