| 1896 - 1172 páginas
...carelessness does not disprove the proposition that the natural and universal instinct is evidence of such care as a person of ordinary prudence would exercise under the circumstances. The test which the law ünds in that degree of care Is not altered by calling It "negligence."... | |
| 1904 - 1256 páginas
...time to have brought said car to a stop, before a collision, by the use of such skill, diligence, and care as a person of ordinary prudence would exercise under the same circumstances, and that the driver of plaintiff's wagon was at the time exercising a like degree of care to avoid a collision."... | |
| 1894 - 1218 páginas
...the streets of a city, whether to waJk or drive, is the same, viz. the exercise of ordinary care, — such care as a person of ordinary prudence would exercise under the circumstances. The owner of a vehicle is not bound to furnish appliances which will render an accident... | |
| Missouri. Courts of Appeals - 1893 - 786 páginas
...by the foreman or conductor of defendant under whom plaintiff was working, yet plaintiff was bound to use such care as a person of ordinary prudence would exercise under like circumstances, and to abstain from getting off or jumping from said train when he knew it was... | |
| 1894 - 1218 páginas
...the provisions of the statute discussed. Ordinary care should have been defined by the court to be such care as a person of ordinary prudence would exercise under the same or similar circumstances. We think the company, in operating Its trains where Its right of way is fenced,... | |
| Abraham Clark Freeman - 1896 - 1072 páginas
...carelessness does not disprove the proposition that the natural and universal instinct is evidence of such care as a person of ordinary prudence would exercise under the circumstances. The test which the law finds in that degree of care is not altered by calling it negligence.... | |
| 1899 - 922 páginas
...correlative terms. What constitute* ordinary care depends on the circumstances of each particular case. It is such care as a person of ordinary prudence would exercise under the circumstances." What are the circumstances of this particular case? Appellant was engaged in the business... | |
| John Milton Gardner, Walter James Eagle - 1899 - 910 páginas
...direction in which she was going." After the jury were instructed that due care was that degree which a person of ordinary prudence would exercise under the same circumstances and that it depended on the situation, a refusal to charge that if the jury, in consideration of the circumstances... | |
| 1902 - 1036 páginas
...leaving said ditch under said circumstances and surroundings the defendant exercised such a degree of care as a person of ordinary prudence would exercise under the same circumstances, you will find for the defendant; or, if you believe from the evidence that said excavation was left... | |
| Daniel Douglas Donahue - 1902 - 478 páginas
...correlative. "What constitutes ordinary care depends upon the circumstances of each particular case. It is such care as a person of ordinary prudence would exercise under the circumstances.'" So where a corporation, or others, furnish natural gas to the stoves, heaters, burners,... | |
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