| 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... | |
| 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,... | |
| 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... | |
| 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.... | |
| 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... | |
| 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... | |
| 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... | |
| 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,... | |
| 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... | |
| 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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