 | United States. Supreme Court - Law reports, digests, etc - 1873 - 740 pages
...reasonable man, guided by those considerations which ordinarily regulate the conduct of human affuirs, would do, or doing something which a prudent and reasonable man would not do."* It must be determined in all cases by reference to the situation and knowledge of the parties and all... | |
 | Francis Wharton - Negligence - 1874 - 960 pages
...Alderson, B., in words which have subsequently been frequently cited with approval by the courts, " is the omission to do something which a reasonable man,...which a prudent and reasonable man would not do." 1 As a limitation, framed for the purpose of excluding accidents from the category of negligence, this... | |
 | Herbert Broom - Legal maxims - 1874 - 880 pages
...not give a right of action, negligence causing damage will do so :4 negligence being defined to be " the omission to do something which a reasonable man,...something which a prudent and reasonable man would not do;"5 negligence, moreover, not being " absolute or intrinsic," but " always relative to some circumstances... | |
 | Law - 1896 - 542 pages
...given or exercised. It may consist In the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do.— BROTHKii'ios v. MANHATTAN BBACH IMP. Co., Neb. ,67 NW Kep. 479. 87. NEGOTIABLE INSTRUMENTS — Surety—... | |
 | Law - 1875 - 870 pages
...in his work on Negligence (§ i) has been frequently cited with approval by the courts, that it "is the omission to do something which a reasonable man,...which a prudent and reasonable man would not do." Thus it is seen that the concluding words of our author's elaborate argument call up by their very... | |
 | Electronic journals - 1875 - 842 pages
...Hence negligence is said to be, the omission to do something which a reasonable man guided upon the considerations which ordinarily regulate the conduct...something which a prudent and reasonable man would not do : Ernst v. Hudson River RR Co., 3d NY 927. More than this ordinary care the law does not require (Sh.... | |
 | Herbert Broom, Edward Alfred Hadley - Law - 1875 - 858 pages
...Negligence may be defined to be the omission to do something r^oni which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or the doing of something which a prudent and reasonable man would not do (I). Negligence thus defined... | |
 | William Wait - Actions and defenses - 1878 - 1004 pages
...negligence," in its legal acceptation, is nearly synonymous with carelessness. It is defined to be "the omission to do something which a reasonable man,...which a prudent and reasonable man would not do." ALDERSON, B., in Blyth v. Birmingham Water Works Co., 11 Exch. 781, 784. See, also, Bizzell v. Booker,... | |
 | Morris March Estee - Civil procedure - 1878 - 648 pages
...FBOM NEGLIGENCE. 115. Negligence is the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the...something which a prudent and reasonable man would not do. It is not absolute or intrinsic, but is always relative to some circumstances of time, place, or person:... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1878 - 696 pages
...not have been foreseen. There must be an omission to do something which a reasonable man, acting upon considerations which ordinarily regulate the conduct of human affairs, would do, or the doing something which such a man would not do. Probability of danger is to be taken into account,... | |
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Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do. 
