 | Abraham Clark Freeman - Law reports, digests, etc - 1890 - 998 pages
...'negligence,' when used in these instructions, is meant either the failure to do what a reasonable person would ordinarily have done under the circumstances of the situation, or doing what such person would not have done under the existing circumstances." This instruction was properly refused.... | |
 | Appellate courts - 1905 - 856 pages
...right which instructed them that negligence was "the failure to do what reasonable and prudent persons would ordinarily have done under the circumstances of the situation, or doing what reasonable and prudent persons, under the existing circumstances, would not have done. * * * You fix... | |
 | Law reports, digests, etc - 1893 - 1276 pages
...possible. Absolute perfection In that respect is not required. Greenleaf ' v. Railway Co., 33 Iowa, 57. "Negligence is the failure to do what a reasonable...person, under the existing circumstances, would not nave done. The duties are dictated and measured by the exigencies of the occasion." Railroad Co. v.... | |
 | William Francis Bailey - Employers' liability - 1894 - 674 pages
...hogshead in replacing the belt. In Baltimore & PR Co. v. Jones, 95 US 443, the court define negligence as the failure to do what a reasonable and prudent person...not have done. The essence of the fault may lie in omission or commission. The duty is dictated and measured by the exigencies of the occasion. This is... | |
 | Law reports, digests, etc - 1894 - 1112 pages
...absence of that care which men ordinarily bestow in the management of their own business and affairs. It is the failure to do what a reasonable and prudent person would ordinarily have done under tae circumstances of the situation, or the doing what such person— that Is, a reasonable and prudent... | |
 | Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - Law reports, digests, etc - 1894 - 1008 pages
...of the case. The court said: "Negligence is the failure to do what reasonable and prudent j>ersons would ordinarily have done under the circumstances of the situation; or, doing what reasonable and prudent persons under the existing circumstances would not have done." The court further... | |
 | Law reports, digests, etc - 1894 - 1288 pages
...trial of the case. The court said: "Negligence is the failure to do what reasonable and prudent persons would ordinarily have done under the circumstances of the situation, or doing what reasonable and prudent persons, under the existing circumstances, would not have done." The court Neb.)... | |
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Negligence is the failure to do what a reasonable and prudent person would ordinarily have done under the circumstances of the situation, or doing what such a person under the existing circumstances would not have done. 
