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" 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 453
1887
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The Alberta Law Reports: Cases Determined in the Supreme Court of ..., Volume 21

Alberta. Supreme Court - Law reports, digests, etc - 1926 - 726 pages
...defines actionable negligence in Heatvn v. Fender, 11 QBD 503, at p. 507, 52 LJ.OB 702, 49 LT 357, as : "The neglect of the use of ordinary care or skill...plaintiff, without contributory negligence on his part, lias suffered injury to his person or property." Assuming that the defendant owes such a duty to the...
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Cases on the Law of Torts

Lyman P. Wilson - Torts - 1928 - 1130 pages
...to use ordinary care in respect 6f~tEe matter callecT m 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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The State Reports, New South Wales, Volume 2

New South Wales. Supreme Court - Law reports, digests, etc - 1902 - 894 pages
...Heaven v. Pender (11 QBD 503) Brett, MR, says (at p. 507): — " 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." Now, prinm facie the law imposes a duty on a person pulling down...
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The State Reports, New South Wales, Volume 7

New South Wales. Supreme Court - Law reports, digests, etc - 1907 - 980 pages
...J. definition of Brett MR in the case of Heavan v. Pender: — " Actionable negligence consists in the neglect of the use of ordinary care or skill towards a person to whom the defendant owes a duty of observing ordinary care and skill, by which neglect the plaintiff, without contributory negligence...
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Southern Reporter, Volume 40

Law reports, digests, etc - 1906 - 1188 pages
...would not do." And also: "Actionable negligence consists In the neglect of the use of ordinary care and skill towards a person to whom the defendant owes...observing ordinary care and skill, by which neglect plaintiff has suffered Injury to his person." And also: "Contributory negligence is defined as such...
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Studies on Kumaun Himalaya

N. C. Dhoundiyal - History - 1997 - 222 pages
...is capable of controlling environmental hazards is negligence. An "actionable negligence consists in the neglect of the use of ordinary care or skill towards...ordinary care and skill, by which neglect the plaintiff has suffered injury, to his person or property."10 In urban areas there are various activities carried...
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Canada Law Reports: Supreme court of Canada

Canada. Supreme Court - Law reports, digests, etc - 1926 - 1040 pages
...case of Heaven v. Fender (2), where he gives the definition of actionable negligence, as follows: — The neglect of the use of ordinary care or skill towards...contributory negligence on his part, has suffered injury to his person or property. Mr. Justice Hyndman in his concurring judgment cites as appropriate...
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