 | 1916 - 506 páginas
...not exercise the degree of care required of persons under other circumstances, but need act only with that degree of care which an ordinarily prudent person would exercise under like conditions. — City of Indianapolis v. Pell, Ind. App., Ill NE 22. 84. Release — Waiver. —... | |
 | 1911 - 1168 páginas
...responsible for ordinary neglect. Story on Bailments, § 23; Dart v. Lowe, 5 Ind. 131. [81 "Ordinary care" is that degree of care which an ordinarily prudent person would exercise under similar circumstances. [91 Whether or not the plaintiff exercised this degree of care was submitted... | |
 | 1913 - 1336 páginas
...furnished him with the utmost care, the care the most prudent man might exercise ; he is held only to that degree of care which an ordinarily prudent person would exercise under the same or similar circumstances. [9] The rule of the defendant company warning employés about getting on... | |
 | 1919 - 1076 páginas
...amplifies the definition, and does not change it. The duty of the bailee is always to exercise that care which an ordinarily prudent person would exercise under the same circumstances ; but the text-book- writers and the decisions have, by the use of these words, in effect pointed out... | |
 | Arkansas. Supreme Court - 1912 - 662 páginas
...that the ordinary care which the law enjoins upon every person in the discharge of a lawful act is that degree of care which an ordinarily prudent person 'would exercise under a like situation and circumstances ; and if you believe from the testimony that the defendant, in excavating... | |
 | Illinois. Appellate Court, Edwin Burritt Smith, Martin L. Newell - 1891 - 706 páginas
...negligence, or the want of it, is not a question of law, but of fact. The law is, that due care is that degree of care which an ordinarily prudent person would exercise under the circumstances of each particular case; and that it is a flexible rule, and the vigilance required would... | |
 | Missouri. Courts of Appeals - 1893 - 772 páginas
...discovered by ordinary care, then the jury will find for the defendants. "By ordinary care is meant that degree of care, which an ordinarily prudent person would exercise under the like circumstances." We see no error in refusing this instruction, for the reason that every hypothesis... | |
 | Indiana. Appellate Court - 1897 - 800 páginas
...And is the question of negligence one for the court or one for the jury? Negligence is the absence of that degree of care which an ordinarily prudent person would exercise under given conditions. The law has no fixed rule or standard by which negligence or the absence of negligence... | |
 | Thomas Gaskell Shearman, Amasa Angell Redfield - 1898 - 790 páginas
...v. Central R. Co.. 89 Ga. 756; 15 SE 655. A traveler in crossing a railroad is required to exercise that degree of care which " an ordinarily prudent person " would exercise under like circumstances, and not any higher or lower (Chicago. K. etc. R. Co. v. Fisher, 49 Kans. 460 ;... | |
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He was required to exercise only the degree of care which an ordinarily prudent person would exercise under the emergency circumstances then prevailing. 
