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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. "
The American State Reports: Containing the Cases of General Value and ... - Page 62
edited by - 1890
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North Carolina Reports: Cases Argued and Determined in the ..., Volume 140

North Carolina. Supreme Court - 1905 - 922 pages
...and required. The approved meaning of the term is the omission 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. The duty, thus imposed, is dictated...
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Weekly Notes of Cases Argued and Determined in the Supreme Court ..., Volume 38

1896 - 644 pages
...circumstances. It may "lie in omission or commission, in the failure to do what a 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...
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The Southern Law Review: And Chart of the Southern Law and ..., Volume 3

1877 - 980 pages
...—.— Contributory negligence.—1. 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; The essence of the fault may lie in...
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The Southern Law Review, Volume 3

1877 - 1004 pages
...p. 59. Contributory negligence. — 1. 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 ; The essence of the fault may lie in...
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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
...Court of the United States, as follows : "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. The essence of the fault may lie in...
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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
...third instruction given is as follows: "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. Klenk v. Railroad. The duty is dictated...
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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, or doing what such a person under the existing circumstances would not have done. 2d. Contributing negligence is defined...
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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 of the situation, or doing what such a person under the existing circumstances would not have done. The essence of the fault may lie in...
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The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme ..., Volume 5

1878 - 680 pages
...defendant's counsel excepted. Held, Error. Negligence is 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. The essence of the fault may lie in...
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The Federal Reporter, Volume 135

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...
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