| 1896 - 644 pages
...reasonable and prudent person would ordinarily have done under the circumstances of the situation, or in doing what such a person under the existing circumstances would not have done :" Baltimore Railroad Co. v. Jones, 95 US 439. There is no question of contributory negligence in the... | |
| Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1905 - 618 pages
...is well defined by the Supreme Court of the United States, as follows : "Negligence is the failure to do what a reasonable and prudent person would ordinarily...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 exigencies... | |
| 1877 - 1004 pages
...Dec. 15, p. 103; se.. Rep., Jan. 9, p. 59. Contributory negligence. — 1. Negligence is the failure to do what a reasonable and prudent person would ordinarily...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 an injury... | |
| 1877 - 980 pages
...p. 103; >. c., Rep., Jan. 9, p. 59. —.— Contributory negligence.—1. Negligence is the failure to do what a reasonable and prudent person would ordinarily...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 an... | |
| Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1904 - 636 pages
...the plaintiff from the train. The third instruction given is as follows: "Negligence is the failure to do what a reasonable and prudent person would ordinarily...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... | |
| Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1890 - 658 pages
...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,...under the existing circumstances would not have done. 2d. Contributing negligence is defined to be that act on the part of a party injured that is proximate... | |
| 1878 - 680 pages
...The instruction was refused, and the defendant's counsel excepted. Held, Error. Negligence is failure to do what a reasonable and prudent person would ordinarily...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 exigencies... | |
| United States. Supreme Court - 1878 - 858 pages
...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...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 exigencies... | |
| John Bouvier - 1883 - 876 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. 95 US 441, per Swayne, J. Dr. A\ harton (Negligence, § 3) defines the term as follows : ' ' Negligence,... | |
| 1910 - 1156 pages
...herein, or any injuries to plaintiff, would not have been Inflicted." "'Negligence' is the failure to do what a reasonable and prudent person would ordinarily...under the existing circumstances would not have done." Birsch v. Citizens' Electric Co., 36 Mont. 574, 93 Рас. 940. Assuming, without deciding, that, in... | |
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