Ordinary

adj. Common; reasonable to be expected; usual.

Ordinary business

An assignment of securities belonguig to a corporation, made under the corporate seal, to secure to the assignee an admitted debt, arising in the business of the company, was held to be " ordinary business of the company," which a quorum of directors might authorize under a by-law authorizing such a quorum to transact all ordinary business, notwithstanding the value of the securities involved was very large. Whether a transaction is small or large cannot affect the question whether it is " ordinary business."

Hoyt v. Tliompson, 19 N. Y. 207; 3 Bom). 290.

An exemption from turnpike tolls, of any person travelling upon the " ordinary domestic business of family concerns," does not extend to the case of physicians going to visit their patients. Centre Tump. Co. ».

Smith, 12 n. 212.

Such an exemption does not include an individual passing to another town from that in which he resided, in order to purchase lumber for his own use, it not appearing that he went to a mill.

Second Turnpike v. Taylor, 6 N. B. 499.

Ordinary care

That degree of care which a person of ordinary prudence is presumed to use, under the particular circumstances, to avoid injury. It should be in • proportion to the danger to be avoided, and the consequences involved in its neglect. Toledo, &c.

E. R. Co. v. Goddard, 25 Ind. 185; Johnson v. Hudson Biver E. K. Co., 6 Duer, 63.3.

What constitutes ordinary care will vary with the circumstances. In general, the term means that kind and degree of care of the case, and such as is necessary to guard against probable danger.

Brown v. Kendall, 6 Cush. 292.

Ordinary care is a relative term. What would-be ordinary care in sailing a vessel or driving a horse would not be ordinary care in driving a locomotive. The caution must be measured always by the probabilities of danger from the thing used, just as it requires more diligence and care to control a wild than a tame animal, a strong and vicious than a weak and timid one.

Moore v. Central E. R. Co., 24 N. J. L. 268, 286.

The term has relation to the situation of the parties and the business in which they are engaged, and varies according to the exigencies which require vigilance and attention, conforming in amount and degree to the particular circumstances under which it is to be exerted.

Fletcher v. Boston & Maine B. K. Co., 1 Allen, 1; Cunningham V. Hall, 4 Allen, 268; Pennsylvania B. B. Co. V. Ogier, 35 Pa. St. 60.

What is ordinary care cannot be determined abstractly. It has relation to and must be measured by the work or thing done and the instrumentalities used, and their capacity for evil as well as good. What would be ordinary care in one case may be gross negligence in another. But the question is. What would and should a reasonable and prudent man do, in such an exigency, — not what is usually done by persons in like employments? The word ordinary has a popular sense, which would greatly relax the rigor of the rule. The law means by ordinary care the care reasonable and prudent men use under like circumstances.

Cayzer v. Taylor, 10 Gray, 274.

Ordinary care is equivalent to reasonable care, and necessarily involves the idea that such care was to be used as a reasonable person, under like circumstances, would adopt to avoid an accident.

Fallon v

City of Boston, 3 Allen, 38.

As used in defining the nature of the care and skill expected of a physician or surgeon in his employment, the words ordinary and reasonable care have been used interchangeably. Perhaps ordinary is more indicative of such care and skill, to the common mind. Kendall o.

Brown, 74 III. 232, 237.

The degree of care required to constitute ordinary care, which the owner of a domestic animal is bound to exercise to prevent injury being done by it, depends upon the cliaracter and disposition of the animal.

Meredith v. Beed, 26 Ind. 334.

A failure, on the part of any one engaged in the pursuit of his own peculiar occupation, to observe precautionary rules, established by competent authority to guard against accidents and prevent injuries to others, is, in legal contemplation, a want of ordinary care. Philadelphia, &c. care which men of common prudence generally exercise in their affairs, in the country and the age in which they live.

Erie Bank v. Smith, 3 Brews. 9.

The term ordinary duties, when spoken of the acts of a bank cashier, does not comprehend a contract made by a cashier, without an express delegation of power from a board of directors to do so, which involves the payment of money, unless it be such as has been loaned in the customary way.

— His ordinary duties are to keep the funds of the bank, its notes, bills, and other choses in action, to be used from time to time for the ordinary and extraordinary exigencies of the bank;

— to receive directly, or through the subordinate officers of the bank, and hold moneys and notes of the bank;

— to deliver up all discounted notes and other securities, when they have been paid;

— to draw checks for withdrawing the funds of the bank which have been elsewhere deposited; and, as the executive officer of the bank, to transact most of its routine business.

United States u.

City Bank of Columbus, 21 Eow. 356.

Ordinary fences

In a statute speaking of " unruly cattle, that will not be restrained by ordinary fences," does not mean lawful fences, but such fences as are common, and sufficient to restrain orderly cattle.

Hine v. Wooding, 37 Conn. 123.

Ordinary language

As used in N. Y. Code of Pro. § 149, subd.

2, regulating pleadings, means the established and customary use of legal terms, at the time when the code was enacted.

Bell v. Yates, 33 Barb. 627, 629.

Ordinary neglect, or negligence. The omission of that care which a man of common prudence usually takes of his own concerns.

Scott V. Depeyster, 1 Edw. 51-3, 543.

See Wells ». N. Y. Central E. E. Co., 24 N. Y. 181; also Gross. The degree of negligence necessary to authorize a recovery against a hirer of an animal injured in his charge is the omission of that diligence in the use and care of it which the generality of mankind use as to their own. And the omission of such diligence is called ordinary negligence.

Moore v. Cass, 10 Kan. 288.

Ordinary process of law. In the Missouri tax laws, does not mean ordinary personal judgment and execution, but such process as is adopted to enforce a lien or specific charge upon the property specially assessed.

Neenan v. Smith, 50 Mo. 525.