 | 1905 - 1124 σελίδες
...the same circumstances" — the test of liability was right, and then, apparently casually, said that "what ought to be done is fixed by a standard of reasonable...prudence, whether it usually is complied with or not," and cited Wabash R. Co. v. McDaniels. With this single exception, the decision in the McDaniels Case... | |
 | 1908 - 1156 σελίδες
...In Texas Ry. Co. v. Behymer, 189 US 468, at page 470, 23 Sup. Ct. 622, at page 623 (47 L. Ed. 905) the court says: "What usually is done may be evidence...standard of reasonable prudence, whether It usually le compiled with or not." In Maynard v. Buck. 100 Mass. 47, 48, the court says: "What bad been done... | |
 | 1917 - 1312 σελίδες
...circumstances. This exception needs no discussion. The charge embodied one of the commonplaces of the law. What usually is done may be evidence of what ought...prudence, whether it usually is complied with or not." We think the view of this question which we are endeavoring to express finds support in 4 Thompson,... | |
 | 1905 - 856 σελίδες
...the same circumstances" — the test of liability was right, and then, apparently casually, said that "what ought to be done is fixed by a standard of reasonable...prudence, whether it usually is complied with or not," and cited Wabash R. Co. v. McDaniels. With this single exception, the decision in the McDaniels Case... | |
 | William John Tossell - 1918 - 744 σελίδες
...evidence on the question whether the act was negligent ; or to put the same thing in other phraseology, what usually is done may be evidence of what ought...fixed by a standard of reasonable prudence, whether it is usually complied with or not. Of course, the ultimate question in this case was as to whether, under... | |
 | 1904 - 1014 σελίδες
...no discussion. The charge embodied one of commonplaces of the law. What usually is done may be dence of what ought to be done, but what ought to be done ixed by a standard of reasonable prudence, whether it usu.' is complied with or not. Wabash R. Co.... | |
 | 1906 - 992 σελίδες
...1 Wash. 446, 25 Pac 335. Wisconsin. — Douglas v. Chicago, etc., Ry. Co., 100 Wis. 405, 76 KW 356. What usually is done may be evidence of what ought...be done, but what ought to be done is fixed by a. reasonable prudence, whether it is usually complied with or not. So held in Wabash Ry. Co. v. McDaniels,... | |
 | 1906 - 1298 σελίδες
...the same circumstances" — the test of liability was right, and then, apparently casually, said that "what ought to be done is fixed by a standard of reasonable...prudence, whether it usually is complied with or not;" and cited Wabash R. Co. v. McDaniels. With this single exception, the decision in the McDaniels Case... | |
 | 1906 - 1298 σελίδες
...Eddy, 115 Mo. 283, 21 SW 742. Mr. ML Clardy also for appellant. Messrs. Silver & Brown, for respondent: What ought to be done is fixed by a standard of reasonable prudence. Texas & PR Co. v. Behymer, 189 US 468, 47 L. ed. 905, 23 Sup. Ct. Rep. 622; Dougherty v. Kansas City... | |
 | 1908 - 1366 σελίδες
...R. Co. v. McDaniels, 107 US 454, 27 L. ed. 605. 2 Sup. Ct. Rep. 932. As said by Mr. Justice Holmes: "What usually is done may be evidence of what ought...fixed by a standard of reasonable prudence, whether ¡t usually is complied with or not." Texas & PR Co. v. Behymer, 189 US 470, 47 L. ed. 905. 23 Sup.... | |
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What usually is done may be evidence of what ought to be done, but what ought to be done is fixed by a standard of reasonable prudence, whether it usually is complied with or not. 
