Negligence: Instruction Paper |
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Common terms and phrases
action for negligence actionable negligence actual damage ant's anticipated appears applied bailee Baron Alderson bound breach of contract breach of duty business visitor cause of action child circumstances collision conse contended contributory negligence culpable act danger defendant's act defendant's duty defendant's negligence degrees of negligence doctrine duty of care element escape exer extent external standard fact failure to exercise foreseen gence guilty horse insane intentional torts intervening causes jury land landowner last clear chance law of torts legal cause legal duty legal responsibility liable licensee natural and probable negligent act nervous shock nonfeasance omission ordinarily ordinary prudence particular person or property physical injury plain plaintiff plaintiff's damage plaintiff's injury plaintiff's negligence premises presence principle proximate cause quences question reason recover damages recovery regarded remote result rules of legal safety seems sense skill street suppose sustained third person tiff tion trespasser turntable unsafe violation wagon
Popular passages
Page 6 - Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.
Page 61 - But it is generally held that, in order to warrant a finding that negligence or an act not amounting to wanton wrong, is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligent or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.
Page 57 - The true rule is that what is the proximate cause of an injury is ordinarily a question for the Jury. It is not a question of science or of legal knowledge. It is to be determined as a fact, in view of the circumstances of fact attending it.
Page 12 - The proposition which these recognized cases suggest, and which is, therefore, to be deduced from them, is that whenever one person is by circumstances placed in such a position with regard to another that every one of ordinary sense who did think would at once recognize that if he did not use ordinary care and skill in his own conduct with regard to those circumstances he would cause danger of injury to the person or property of the other, a duty arises to use ordinary care and skill to avoid such...
Page 37 - But the case in hand stands on a different ground. The defendant was a dealer in poisonous drugs. Gilbert was his agent in preparing them for market. The death or great bodily harm of some person was the natural and almost inevitable consequence of the sale of belladonna by means of the false label.
Page 9 - If a person brings or accumulates on his land anything which, if it should escape, may cause damage to his neighbour, he does so at his peril If it does escape, and cause damage, he is responsible, however careful he may have been, and whatever precautions he may have taken to prevent the damage.
Page 87 - ... a proposition is stated that appears to be without any basis either in good sense or law. The conversion of the infant, who is entirely free from fault, into a wrong-doer, by imputation, is a logical contrivance uncongenial with the spirit of jurisprudence. The sensible and legal doctrine is this, an infant of tender years cannot be charged with negligence; nor can he be so charged with the commission of such fault by substitution, for he is incapable of appointing an agent, the consequence being,...
Page 87 - And when he complains of wrongs to himself, the defendant has a right to insist that he should not have been the heedless instrument of his own injury.
Page 37 - It is well settled that a man who delivers an article, which he knows to be dangerous or noxious, to another person, without notice of its nature and qualities, is liable for any injury which may reasonably be contem"plated as likely to' result, and which does in fact result, therefrom, to that person or any other, who is not himself in fault.
Page 88 - ... logical contrivance uncongenial with the spirit of jurisprudence. The sensible and legal doctrine is this : an infant of tender years cannot be charged with negligence, nor can he be so charged with the commission of such fault by substitution, for he is incapable of appointing an agent ; the consequence being that he can in no case be considered to be the blamable cause, either in whole or in part, of his own injury. There is no injustice nor hardship in requiring all wrongdoers to be answerable...