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" Determine whether by doing that act, whether he exercised the care which an ordinarily prudent person would have exercised under the same or similar circumstances. "
The Digest of the Decisions of the Courts of Ohio from the Earliest Period ... - Page 1091
by William Herbert Page - 1918
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Cases Decided in the United States Court of Claims ... with ..., Volume 134

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...
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The Northeastern Reporter, Volume 114

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,...
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The Southwestern Reporter, Volume 67

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...
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The Southwestern Reporter, Volume 142

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,...
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The South Western Reporter, Volume 286

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...
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The Southwestern Reporter, Volume 88

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...
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The New York Supplement, Volume 112

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...
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Reports of Cases at Law and in Chancery Argued and Determined in ..., Volume 165

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....
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The American State Reports: Containing the Cases of General Value ..., Volume 72

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...
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The American and English Railroad Cases: A Collection of All Cases ...

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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