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" ... the failure to observe, for the protection of the interests of another person, that degree of care, precaution, and vigilance which the circumstances justly demand, whereby such other person suffers injury. "
North Carolina Reports: Cases Argued and Determined in the Supreme Court of ... - Page 504
by North Carolina. Supreme Court - 1905
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Reports of Cases at Law and in Equity Argued and Determined in ..., Volume 38

Arkansas. Supreme Court - 1842 - 742 pages
...question involved is one of negligence ; for negligence in a legal sense is no more nor less than this, the failure to observe, for the protection of the...demand, whereby such other person suffers injury." Negligence has been briefly defined to be, the absence of care, according to the circumstances. Philadelphia,...
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 88

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1892 - 830 pages
...Lorman, 66 Mich. 533. 7. The court properly defined negligence in the sense used in this case to be "the failure to observe for the protection of the...demand, whereby such other person suffers injury; " citing Railway Co. v. Stark, 38 Mich. 717; Brown v. Railway Co., 49 Id. 153; Kendrick v. Towle, 60...
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A Treatise Upon the Law of Principal and Agent in Contract and Tort

William Evans - 1879 - 802 pages
...legal sense is no more nor less than this: the failure to observe, for the protection of the interests of another person, that degree of care, precaution...demand, whereby such other person suffers injury." It seems, therefore, an inaccurate use of language to transfer to the term, negligence, those epithets...
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Reports of Cases Argued and Determined in the Various Courts of ..., Volume 1

Louisiana. Courts of Appeal, Frank McGloin - 1881 - 438 pages
...Negligence, in a legal sense, is the failure to observe for the protection of the interests of others that degree of care, precaution and vigilance which the circumstances justly demand, whereby injury is inflicted. In cases of injury to live stock, the best authorities hold railroad companies...
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1882 - 834 pages
...question involved is one of negligence ; for negligence in a legal sense is no more nor less than this, the failure to observe, for the protection of the...the circumstances justly demand, whereby such other pei-son suffers injury." Negligence has been briefly defined to be the absence of care, according to...
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The American and English Railroad Cases: A Collection of All the Railroad ...

Lawrence Lewis, Adelbert Hamilton, John Houston Merrill, William Mark McKinney, James Manford Kerr, John Crawford Thomson - 1883 - 796 pages
...&P. II. RR v. Stork, 38 Mich. 717. It is "the failure to observe, for the protection of the interests of another person, that degree of care, precaution...demand whereby such other person suffers injury," (Cooley, Torts. 630,) and as already said in order to ascertain whether the acts of the servant in...
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The American Law Register, Volume 22

1883 - 908 pages
...nor less than " the failure to observe, for the protection of the interests of another person, thut degree of care, precaution and vigilance which the...demand, whereby such other person suffers injury." To the same effect are the words of WIU.ES, J., in Grill v. General Iron Screw Colliery Co., LR, 1...
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A Law Dictionary, Adapted to the Constitution and Laws of the ..., Volume 2

John Bouvier - 1883 - 876 pages
...Birmingham Waterworks Co., 11 Ex. 784. The failure to observe, for the protection of the interests of another person, that degree of care, precaution, and vigilance which the circumstances justly_ demand, whereby such other person suffers injury. Cooley, Torts, 630. The absence of care according...
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The Atlantic Reporter, Volume 84

1913 - 1140 pages
...witnesses. [5] Negligence has been defined to be a failure to observe, for the protection of the interests of another person, that degree of care, precaution...demand, whereby such other person suffers Injury. It is conceded that the injuries complained of were inflicted by the hammer being let down on the right...
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Atlantic Reporter, Volume 73

1909 - 1162 pages
...in a legal sense, has been denned to be the failure to observe for the protection of the interests of another person that degree of care, precaution,...demand, whereby such other person suffers injury. To entitle the plaintiff to recover in this action, he must satisfy you that the injuries complained...
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