| United States. Court of Claims, Audrey Bernhardt - Law reports, digests, etc - 1956 - 1010 pages
...agents and servants. The evidence justifies the conclusion that had the pilot exercised the care that an ordinarily prudent person would have exercised under the same or similar circumstances he could and would have stopped the plane within less than the 900 to 1,000 feet which still lay between... | |
| Law reports, digests, etc - 1917 - 1116 pages
...will take into consideration the circumstances under which — if there is any proven — by which be arose from his seat and stood up. Determine •whether...which I have called your attention to and find that the ward, Henry Brooks, did not exercise ordinary care, then that would defeat his right of recovery,... | |
| Law reports, digests, etc - 1902 - 1284 pages
...believe it was so constructed, amounted to a failure on the part of defendant to use that degree of care which an ordinarily prudent person would have...exercised under the same or similar circumstances, and If you further believe from the evidence that the starting or moving of the car and the unequal... | |
| Law reports, digests, etc - 1912 - 1360 pages
...repair so far ns that can be done by the exercise of that measure of caro, prudence, and watchfulness which an ordinarily prudent person would have exercised under the same or similar circumstances to avoid injury or accident. A failure to use that measure of care Is In law termed 'negligence'; and,... | |
| Law reports, digests, etc - 1926 - 1262 pages
...negligence, that is to say, that said foremnn failed to exercise that care which tin ordinarily careful and J ' j find he did so fail, and that said failure, if any, was the direct cause of plaintiff's injuries, if... | |
| Law reports, digests, etc - 1905 - 1246 pages
...term 'negligence,' ae used In these instructions, is meant the want of that degree of care that any ordinarily prudent person would have exercised under the same or similar circumstances." •R Вт the term 'contributory negligence* ') síiat any negligence on the part of the -иЬпЯ... | |
| Law reports, digests, etc - 1909 - 1286 pages
...certain exceptions, which did not include the clerk, was admissible on the issue whether the motorman exercised the care which an ordinarily prudent person would have exercised under similar circumstances. [Ed. Note. — For other cases, see Street Railroads, Dec. Dig. 5 113.*] Appeal... | |
| Illinois. Supreme Court - Law reports, digests, etc - 1897 - 724 pages
...herself was, at and before the time of such collision, in the exercise of such care and caution as an ordinarily prudent person would have exercised under the same or similar circumstances. The question presented by these instructions arose in Wabash, St. Louis and Pacific Railway Co. v.... | |
| Abraham Clark Freeman - Law reports, digests, etc - 1900 - 1064 pages
...injuries or falling into the cellar the plaintiff failed to exercise 135 such care for her own safety as an ordinarily prudent person would have exercised under the same or similar circumstances, and that but for such failure on her 'part the injury to her would not have been inflicted, in which... | |
| Railroad law - 1902 - 1036 pages
...of proof is on the defendant, however, to show that plaintiff was guilty of a lack of such care as an ordinarily prudent person would have exercised under the same or similar circumstances in the manner in which he approached and drove on said bridge, which caused or contributed to cause... | |
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