 Negligence is a violation of the obligation which enjoins care and caution in what we do. But this duty is relative, and where it has no existence between particular parties, there can be no such thing as negligence in the legal sense of the term.  The Monthly Law Reporter - Seite 1101853Vollansicht - Über dieses Buch
 | Robert D. Handy, John H. Handy - 1855 - 638 Seiten
...ground of complaint. In the case of the Tonawanda Railroad Company vs. Hunger, 5 Denio 266, it is said, "Negligence is a violation of the obligation which...in the legal sense of the term. A man is under no obligations to be cautious and circumspect towards a wrong doer. A horse straying in a field, falls... | |
 | 1855 - 804 Seiten
...towards him. In the case of The Tonawanda Railroad Company vs. Hunger, (6 Denio, 266,) the Court said : " Negligence is a violation of the obligation which...has no existence between particular parties, there cnn be no such thing as negligence in the legal scuse of the term. A man is under no obligations to... | |
 | Joseph Kinnicut Angell, Thomas Durfee - 1857 - 484 Seiten
...consequences to him not suffered by any one in a passenger car. It was held, that negligence is the violation of the obligation which enjoins care and caution in what we do, and* that the plaintiff', not being under an obligation to be more prudent and careful than he was,... | |
 | Joseph S. Bosworth, New York (State). Superior Court (New York) - 1863 - 740 Seiten
...negligence " signifies an omission of duty toward those to whom it is owing. This duty is relative, and there can be no such thing as negligence, in the legal sense of the term, where relative duties do not exist between the parties. There is no rule of law which enjoins care... | |
 | Benjamin Vaughan Abbott, Austin Abbott - 1864 - 810 Seiten
...the amount of the bond, as fixed by the Court of Chancery, is conclusive. Ib. NEGLIGENCE. 1. Defined. Negligence is a violation of the obligation which enjoins care and caution in what we do. Even when gross, H is but an omission of dnty. Supreme Ct., 1848, Tonawanda RR Co. v. Mnnger, 5 Den.,... | |
 | Nathan Howard (Jr.) - 1867 - 636 Seiten
...whom it voluntarily misleads. In such case the language of Chief Justice BEARDSLEY is appropriate : " A man is under no obligation to be cautious and circumspect towards a wrong-doer " ( Tonawanda RR Co. agt. Munger, 5 Denio, 266). It is not true that a traveler on a public thoroughfare,... | |
 | Charles Richards Brown - 1871 - 426 Seiten
...the Tonaa-andii R. Co. rs. Hunger, 5 Den., 255, 2IJ7. '• Negligence,1' says the learned Judge, " is a violation of the obligation which enjoins care and caution in what we do '' And yet, this definition does not give us an idea of the extent and degree of the care and caution... | |
 | Francis Wharton - 1874 - 960 Seiten
...short of wanton and malicious mischief. In the case above cited, Mr. Chief Justice Beardsley said : ' Negligence is a violation of the obligation which...obligation to be cautious and circumspect towards a tcrong-doer. A horse strayin" in a field falls into a pit left § 398.J CONTRIBUTORY NEGLIGENCE : §... | |
 | Ohio. Superior Court (Cincinnati), Robert D. Handy, John H. Handy - 1877 - 694 Seiten
...of complaint. In the case of the Tonawanda Eailroad Company v. Hunger, 5 Denio 266, it is said : " Negligence is a violation of the obligation which enjoins care and caution in what wo do. But this duty is relative, and where it has no existence between particular parties, there can... | |
 | William Wait - 1878 - 1004 Seiten
...Moaeley, 29 Ala. 302 ; Mowrey v. Central City Railway, 66 Barb. 43. Or, as more briefly defined, " negligence is a violation of the obligation which enjoins care and caution in what we do." BEARDSLEY, CJ, in Tonawanda RR Co. v. Hunger, 5 Denio, 255, 266. In negligence, there is an absence... | |
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