...v. RAILROAD. circumstances suggested and required. The approved meaning of the term is the omission to do what a reasonable and prudent person would ordinarily...under the existing circumstances would not have done. The duty, thus imposed, is dictated and measured by the particular exigencies of the occasion. The...

...Negligence is the want of care required by the circumstances. It may "lie in omission or commission, in the failure to do what a reasonable and prudent person...done under the circumstances of the situation, or in doing what such a person under the existing circumstances would not have done :" Baltimore Railroad...

...Madison, Sup. Ct. Wis., t. LN, Dec. 15, p. 103; se.. Rep., Jan. 9, p. 59. Contributory negligence. — 1. Negligence is the failure to do what a reasonable...under the existing circumstances would not have done ; The essence of the fault may lie in omission or commission ; One who by his negligence has brought...

...Sup. (_X Wis., CLN, Dec. 15, p. 103; >. c., Rep., Jan. 9, p. 59. —.— Contributory negligence.—1. Negligence is the failure to do what a reasonable...under the existing circumstances would not have done; The essence of the fault may lie in omi.-sion or commission ; One who by his negligence has brought...

...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...under the existing circumstances, would not have done. Klenk v. Railroad. The duty is dictated and measured by the exigencies of the occasion. The burden...

...Negligence is a relative term and is well defined by the Supreme Court of the United States, as follows : "Negligence is the failure to do what a reasonable...under the existing circumstances would not have done. The essence of the fault may lie in omission or commission. The duty is dictated and measured by the...

...incurred by him. At the request of the defendant the court further instructed the jury as follows: 1st. Negligence is the failure to do what a reasonable and prudent person would have done, under the circumstances of the situation, or doing what such a person under the existing...

...not." The instruction was refused, and the defendant's counsel excepted. Held, Error. Negligence is failure to do what a reasonable and prudent person...under the existing circumstances, would not have done. The essence of the fault may lie in omission or commission. The duty is dictated and measured by the...

...is sufficient to dispose of the case. Negligence is the failure to do what a reasonable and pru dent person would ordinarily have done under the circumstances...under the existing circumstances would not have done. The essence of the fault may lie in omission or commission. The duty is dictated and measured by the...

...the severe gusts of wind. Having the right to walk upon the track, the plaintiff was only required to do what a reasonable and prudent person would ordinarily have done under the same or similar circumstances. We are of opinion that it would have been clearly erroneous for the...