 Actionable negligence consists in the neglect of the use of ordinary care or skill towards a person to whom the defendant owes the duty of observing ordinary care and skill, by which neglect the plaintiff, without contributory negligence on his part,...  The Northeastern Reporter - Page 4531887Full view - About this book
 | Arthur Martin Cathcart - Negligence - 1912 - 104 pages
...definition of Brett, MB, in the leading case of Heaven v. Fender:26 "Actionable negligence consists in the neglect of the use of ordinary care or skill towards...defendant owes the duty of observing ordinary care or skill, by which neglect the plaintiff, without contributory negligence on his part, has suffered... | |
 | Charles Morse, Walter Edwin Lear, Edward Betley Brown - Law reports, digests, etc - 1913 - 636 pages
...reasonable man would not do.'' Brett, MR, gives us this definition: "Actionable negligence consists in the neglect of the use of ordinary care or skill towards...defendant owes the duty of observing ordinary care or skill, by which neglect, the plaintiff, without contributory negligence on his part, has suffered... | |
 | Charles Albert Keigwin - Torts - 1915 - 584 pages
...•-•_•'•. * 29 NEGLIGENCE. ''Actionable negligence consists in the neglect of the use of ordinary care and skill towards a person to whom the defendant owes...contributory negligence on his part, has suffered injury to his person or property" : per Brett, MR, in Heaven vs. Fender, LR 11 QBD 503. Other definitions... | |
 | Joseph Wheless - 1917 - 1112 pages
...Satterwhite, 112 Tenn. 185, 79 S. W. 106. The court's instruction to the jury defining negligence as the neglect of the use of ordinary care or skill towards...and skill, by which neglect the plaintiff, without negligence on his part proximately contributing to produce the accident, has suffered injury to his... | |
 | William Slee Walker - Civil procedure - 1917 - 1476 pages
...the accident." An instruction defining negligence as the neglect to use ordinary care or skill toward a person, to whom the defendant owes the duty of observing ordinary care and skill, by which the plaintiff, "without negligence on his part proximately contributing to produce the accident." has... | |
 | William Blake Odgers, Walter Blake Odgers - Common law - 1920 - 762 pages
...when it has caused damage to the plaintiff it is actionable. 1 " Actionable negligence consists in the neglect of the use of ordinary care or skill towards...contributory negligence on his part, has suffered injury to his person or property." 2 In order, then, to succeed in such an action, the plaintiff must... | |
 | Charles Albert Keigwin - Torts - 1920 - 562 pages
...judgment. ' ' NEGLIGENCE. "Actionable negligence consists in the neglect of the use of ordinary care and .skill towards a person to whom the defendant owes...and skill, by which neglect the plaintiff, without contributor}' negligence on his part, has suffered injury to his person or property ' ' : per Brett,... | |
 | William George Henry Cook - Forensic psychiatry - 1921 - 232 pages
...Stock Bank, LR z Ex. 259. In Heav&n v. Fender, Brett, MR, said that actionable negligence " consists in the neglect of the use of ordinary care or skill towards...contributory negligence on his part, has suffered injury to his person or property " (a). It will be observed that these statements go further than the... | |
 | Law - 1905 - 946 pages
...done." Per Aldcrson. B., in Blyth v. Birmingham Waterworks Co.(i). "Actionable negligence consists in the neglect of the use of ordinary care or skill towards...contributory negligence on his part, has suffered injury to his person or property." Per Brett, MR, in Heaven \. Pendcr(j). "What a man does through... | |
 | Richard Ringwood - Torts - 1924 - 422 pages
...to use ordinary care in respect of the matter called in question. Actionable negligence consists in the neglect of the use of ordinary care or skill towards...contributory negligence on his part, has suffered injury to his person or property. The question in this case is whether the defendant owed such a duty... | |
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