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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. "
North Carolina Reports: Cases Argued and Determined in the Supreme Court of ... - Page 476
by North Carolina. Supreme Court - 1905
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Weekly Notes of Cases Argued and Determined in the Supreme Court ..., Volume 38

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...
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Reports of Cases Determined in the Supreme Court of the Territory ..., Volume 28

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...
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The Southern Law Review, Volume 3

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...
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The Southern Law Review: And Chart of the Southern Law and ..., Volume 3

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...
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Reports of Cases Determined in the Supreme Court of the Territory ..., Volume 27

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...
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Reports of Cases Determined in the Supreme Court of the Territory ..., Volume 4

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...
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The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme ..., Volume 5

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...
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United States Reports, Supreme Court: Cases Argued and ..., Volume 5; Volume 95

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...
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A Law Dictionary, Adapted to the Constitution and Laws of the ..., Volume 2

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,...
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The Pacific Reporter, Volume 107

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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