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 1101853Full view - About this book
| 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... | |
| 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... | |
| 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,... | |
| 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.,... | |
| 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,... | |
| 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... | |
| 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 : §... | |
| 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... | |
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