 | 1914 - 1244 pages
...was required to use ordinary care to protect herself, which, It was further told, was the care that an ordinarily prudent person would use under the same or similar circumstances, considering the danger, proximity of the car, speed of the car, her position in the automobile, and... | |
 | 1915 - 1406 pages
...including the elements of means and time for making such inspection, as an ordinarily prudent регяоп would use under the same or similar circumstances...on that score. Richardson v. Railroad, 223 Mo. 325, 123 SW 22; Cytron v. Transit Co., 205 Mo. loc. cit 718, 104 SW 109. VI. Judgment Not Excessive. [10]... | |
 | 1909 - 1362 pages
...train in looking out for his safety and giving him notice, but he must use "ordinary care," such care as an ordinarily prudent person would use under the same or similar circumstances, to discover the approach of the train and for his own safety ; and, if he does so rely on the others,... | |
 | 1895 - 1198 pages
...general and only charge given by the court is as follows: "Negligence is the want of such care which an ordinarily prudent person would use under the same or similar circumstances. If you believe from the evidence that plaintiffs' laud has been injured, substantially as alleged,... | |
 | John Milton Gardner, Walter James Eagle - 1906 - 830 pages
...want of, or failure to use, ordinary care. By ' ordinary care ' is meant that degree of care which an ordinarily prudent person would use under the same or similar circumstances to prevent injury and accident." No instruction denning negligence as between a carrier and passenger,... | |
 | 1910 - 872 pages
...train in looking out for his safety and giving him notice, but he must use "ordinary care," such care as an ordinarily prudent person would use under the same or similar circumstances, to discover the approach of the train and for his own safety; and, if he does so rely on the others,... | |
 | 1915 - 1328 pages
...plaintiff, but that said duty was assumed by defendants, then {he court instructs the jury that by the term 'ordinary care,' as used in these instructions,...on that score. Richardson v. Railroad, 223 Mo. 325, 123 SW 22; Cytron v. Transit Co., 205 Mo. loc. clt 718, 104 SW 169. VI. Judgment Not Excessive. [10]... | |
 | Fred P. Caldwell - 1916 - 1200 pages
...in looking out for his safety and giving him notice, but he must use "ordinary care" — such care as an ordinarily prudent person would use under the same or similar circumstances — to discover the approach of the train and for his own safety; and if he does so rely on the others,... | |
 | Washington (State). Supreme Court, Arthur Remington, Solon Dickerson Williams - 1920 - 828 pages
...like conditions," and in instruction number six the court spoke of ordinary care as meaning such care as an ordinarily prudent person would use under "the same or similar circumstances." The court unquestionably meant, and the jury must have understood, by the expression "like conditions"... | |
 | California. District Courts of Appeal - 1923 - 962 pages
...plaintiff Howard, in attempting to escape impending danger, was only required to use the care that an ordinarily prudent person would use under the same or similar circumstances, and not that degree of care that is required when not thus confronted with danger. If you find that... | |
| |
... as an ordinarily prudent person would use under the same or similar circumstances in ascertaining obvious defects. 
