 | Law reports, digests, etc - 1912 - 1052 pages
...slippery condition of the platform and steps. [3] Negligence, as defined by the Supreme Court, consists in "the failure to do what a reasonable and prudent person...such a person under the existing circumstances would ngt have done." Railroad Co. v. Jones, 95 US 439, 24 L. Ed. 506. It cannot be said, as a matter of... | |
 | Law reports, digests, etc - 1921 - 1056 pages
...equally honest and competent witnesses. "Negligence Is the failure to do what a reasonable and pniflent person would ordinarily have done under the circumstances...under the existing circumstances would not have done." Railroad Co. v. Jones, 95 TJ. S. 430, 441, 24 L. Ed. 506. [7] Obviously, when prudent and careful men,... | |
 | Law reports, digests, etc - 1903 - 1056 pages
...is entitled to recover. "The court tells you that negligence is the failure to do what a reasonably prudent person would ordinarily have done under the circumstances of the situation, or doing what a person of ordinary care, under the existing circumstances, would not have done. Nor can you assume,... | |
 | Law reports, digests, etc - 1883 - 964 pages
...Term. 1883.) 1. NEGLIGENCE— DEFINITION. Negligence is the failure to do what a reasonalilv-prudent person would ordinarily have done under the circumstances of the situation, or doing what a person under the existing circumstances would not have done. 2. SAME — RECOVERY — CONTRIBUTORY... | |
 | Law reports, digests, etc - 1922 - 1056 pages
...(Mass.) 368, 87 Am. Dec. 644. Whether the defendant owed the plaintiff such a duty is to be determined by what a reasonable and prudent person would ordinarily have done under the circumstances. Railroad Co. v. Jones, 95 US 439, 441, 24 L. Ed. 506. Our difficulty in applying this rule to the instant... | |
 | Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1917 - 824 pages
...employee was a question of fact for the jury. This court, in the case of Mason v. Post, 105 Va. 494, said: "Negligence is the failure to do what a reasonable...the situation; or doing what such a person, under existing circumstances, would not have done. The duty is dictated and measured by the exigencies of... | |
 | Law - 1878 - 542 pages
...them. In our view the point presented by the third is sufficient to dispose of the case. Negligence is 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. See Wharton... | |
 | Law - 1894 - 586 pages
...a person not i passenger. Brernig's Case, 25 Md. 378. If this be so, the duty of the conductor was to do what a reasonable and prudent person would ordinarily...have done under the circumstances of the situation. Cough Ian 's Case, 84 Md. 84. Rlnggold was a sane man, <n full possession of hli faculties, 'and accustomed... | |
 | Law reports, digests, etc - 1904 - 1164 pages
...train. The third instruction given Is as follows: "Negligence is the failure to do what a reasonable ami prudent person would ordinarily have done under the...the existing circumstances, would not have done. The duty is dictated and measured by tue exigencies of the occasion. The burden of proving negligence is... | |
 | United States. National Railroad Adjustment Board - Arbitration, Industrial - 852 pages
...established test of the court? to wit: "Actionable negligence is the failure of one owing a duty to another to do what a reasonable and prudent person would ordinarily have done under the circumstances, or doing what such a person would not have done, which omission or commission is the proximate cause... | |
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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. 
