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" ... a person of ordinary prudence would exercise under the same, or similar circumstances, — which is expressly declared in O'Neil v. "
Reports of Cases at Law and in Chancery Argued and Determined in the Supreme ... - Página 271
por Illinois. Supreme Court - 1914
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Atlantic Reporter, Volume 34

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."...
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The Southwestern Reporter, Volume 77

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."...
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The New York Supplement, Volume 27

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...
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Cases Determined in the St. Louis and the Kansas City Courts of ..., Volume 51

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...
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The Southwestern Reporter, Volume 26

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,...
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The American State Reports: Containing the Cases of General Value ..., Volume 49

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....
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Lawyers' Reports Annotated, Livro 44

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...
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American Negligence Reports, Current Series: (cited Am. Neg. Rep ..., Volume 5

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...
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The American and English Railroad Cases: A Collection of All Cases ...

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...
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A Treatise on Petroleum and Natural and Manufactured Gases

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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