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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. "
The Southern Law Review: And Chart of the Southern Law and Collection Union - Page 979
1877
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The Southeastern Reporter, Volume 38

Law reports, digests, etc - 1901 - 1036 pages
...negligence, 'Negligence Is the absence of due care.' Another definition: 'Negligence' IB defined to be 'the failure to do what a reasonable and prudent person would ordinarily have done In a certain situation, or doing what an ordinarily prudent person would not have done.' That is the...
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American Electrical Cases (cited Am Electl. Cas.): Being a ..., Volume 7

William Weeks Morrill - Electric utilities - 1902 - 988 pages
...of the injury for which he sues. Negligence is the want of due care. That expresses it in few words. Negligence is the failure to do what a reasonable and prudent person would ordinarily have done nnder the circumstances of the situation, or doing what such a person, under existing circumstances,...
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Lawyers' Reports Annotated, Book 55

Law reports, digests, etc - 1902 - 1054 pages
...Davis v. Boston & MR Co. (XH) 49 All. 108. Messrs. John Kivel and Jam os A. Edgerly, for defendant: Negligence is the failure to do what a reasonable and prudent person would ordinarily havo done under the circumstances of the situation, or doing what such a person under the existing...
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Lawyers' Reports Annotated, Book 60

Law reports, digests, etc - 1903 - 1046 pages
...third party to exercise the same diligence is no defense to this action. Bishop, Non Contract Law, 32. Negligence is the failure to do what a reasonable...the situation, or doing what such a person under the exiting circumstances would not have done. The essence of the fault may lie in omission or commission....
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Commentaries on the Law of Torts: A Philosophic Discussion of the ..., Volume 1

Edgar Benton Kinkead - Torts - 1903 - 906 pages
...others. Negligence which will give rise to a cause of action is the failure to do what a reasonably prudent person would ordinarily have done under the...circumstances of the situation; or doing what such person, under the existing circumstances, would not have done. It is the failure to observe that degree...
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Reports of Cases Argued and Determined in the Appellate Court of ..., Volume 30

Indiana. Appellate Court - Law reports, digests, etc - 1903 - 800 pages
...the whole risk were his own," where the jury was informed by other instructions that negligence was the failure to do what a reasonable and prudent person would ordinarily do under the circumstances of the situation; and that a failure to observe the degree of care which...
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Venezuelan Arbitrations of 1903: Including Protocols, Personnel and Rules of ...

Jackson Harvey Ralston - Venezuela - 1904 - 1150 pages
...from injury as, in a natural and continuous sequence, causes unintended injury to the .latter. (Ibid.) The failure to do what a reasonable- and prudent person...done under the circumstances of the situation, or the doing what euch a person ander the existing circumstances would not have done. (Ibid., citing 95...
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Reports of Cases Decided in the Supreme Court of the State of ..., Volume 186

Indiana. Supreme Court, Charles Frederick Remy, George Washington Self, Philip Zoercher, William H. Adams, Mrs. Edward Franklin White, Emma Mary May - Law reports, digests, etc - 1918 - 898 pages
...not erroneous when construed in connection with another instruction properly denning negligence as the "failure to do what a reasonable and prudent person would ordinarily have done Indianapolis Traction, etc., Co. v. Hensley — 186 Ind. 479. under the circumstances of the situation,...
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Venezuelan Arbitrations of 1903: Including Protocols, Personnel and Rules of ...

Jackson Harvey Ralston - Venezuela - 1904 - 1146 pages
...reasonable and prudent person would ordinarily have done under the circumstances of the situation, or the doing what such a person under the existing circumstances would not have done. (Ibid., citing 95 Г. 8., 441. ) See Bouvier under the head "Negligence" for further quotations. Laches...
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The Pacific Reporter, Volume 76

Law reports, digests, etc - 1904 - 1322 pages
...did not push the plaintiff from the train. The third instruction given Is as follows: "Negligence !s the failure to do what a reasonable and prudent person would ordinarily hove done under the circumstances of the Situation, or doing what such a person, under the existing...
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