 | 1905 - 1124 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... | |
 | 1908 - 2268 pages
...of a breach of duty which, in law, amounted to negligence, yet if the plaintiff, by doing that which a reasonable and prudent person would ordinarily have done under the circumstances, could have prevented the injury, and he failed to do that, he cannot recover, because the law says... | |
 | Louisiana. Supreme Court - 1883 - 1388 pages
...claimed. In the tiase of the RR Co. vs. Jones, 5 Otto, 441, the Supreme Court of the United States says: " Negligence is the, failure to do what a reasonable...circumstances of the situation, or doing what such person under the existing circumstances would not have done. The essence of the fault may lie in omission... | |
 | 1883 - 818 pages
...BERMUDEZ, CJ In the case of RR Co. v. Jones, 5 Otto 441. the Supreme Court of the United States says: " Negligence is the failure to do what a reasonable...circumstances of the situation, or doing what such person under the existing circumstances would not have done. The essence of the fault may lie, in omission... | |
 | John Bouvier - 1883 - 876 pages
...630. The absence of care according to circumstances. See 78 Penn. 219; 46 Tex. 356 ; 9 W. Va. 252. The failure to do what a reasonable and prudent person...done under the circumstances of the situation, or the doing what such a person under the existing circumstances would not have done. 95 US 441, per Swayne,... | |
 | 1910 - 1156 pages
...la Dec. & Am. Diga. 1907 to date, & Reporter Indexe« 3. NEGLIGENCE (J 1*) — WHAT is "NEGLIGENCE." "Negligence" is the failure to do what a reasonable...under the existing circumstances, would not have done. [Ed. Note/ — For other cases, see Negligence, Cent. Dig. S 1 ; Dec. Dig. § 1.* For other definitions,... | |
 | 1921 - 1218 pages
...instruction and gave it as so modified. The definition of "negligence" heretofore approved by this court Is: "Negligence is the failure to do what a reasonable...such a person under the existing circumstances would cot have done." Birsch т. Citizens' Elec. Co., 36 Mont. 574, 93 Рае. 940. Neither the Instruction... | |
 | 1884 - 1126 pages
...r. King, 10 How., 469. Negligence is the failure to do what a reasonable anil prudent person would have done under the circumstances of the situation,...under the existing circumstances would not have done. The es-ience of the fault may lie in omission or commission. The duty is dictated and measured by the... | |
 | 1904 - 1174 pages
...brakeman that he did not push the plaintiff from the train. The third instruction given Is as follows: •'Negligence is the failure to do what a reasonable...would ordinarily have done under the circumstances of tiio situation, or doing what such a person, under t lie existing circumstances, would not have done.... | |
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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. 
