Negligence

The omission to do something which a reasonable man, guided by those considerations whieh ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would noi do. It must be determined in all cases by reference to the situation and knowledge of the parties and all tho attendant circumstances.

15 Wall. 536; 11 Exch. 784.

Negligence, in its civil relation, is such an inadvertent imperfection, by a responsible human agent, in the discharge of a legal duty, a3 immediately produces, in an ordinary and natural sequence, a damage to another, Whart, Neg. § 3. It is conceded by ali the authorities that the eonduct of the prudent or careful or diligent man.

Bigelow, Torts, 261.

The failure to observe, for the protection of the interests of another person, that degree of care, precaution, and vigilunce which the circumstances justly demand, whereby such other person suffers injury.

Cooley, Torts, 630.

The failure to do what'a reasonable and prudent person would ordinarily have done under the circumstances of the situation, or the doing what such @ person under the existing circumstances would not havedone.

95 U.S. 441.

The opposite of care and prudence; the omission to use the means reasonably necessary to avoid injury to others.

39 Ill. 353.

Negligence or carelessness signifies want of care, caution, attention, diligence, or discretion in one having no positive intention to injure the pergon complaining thereof, The words “reckless,” “indifferent,” “careless, ” and “wanton” are never understood to signify positive will or intention, unless when joined with other words which show that they are to receive an artificial or unusual, if notan unnatural, interpretation.

10 Bush, 677.

Negligence is any culpable omission of @ positive duty. It differs from heedlessness, in that heedlessness is the doing of an act in violation of &@ negative duty, without adverting to its possible consequences. In both cases there is inacdvertence, and there is breach of duty.

Aust. Jur. § 630.

Negligence is commonly classed under three degrees,—slight, ordinary, and gross. Slight negligence consists in the want of great care and diligence; ordinary negligence, in the want of ordinary care and diligence; and gross negligence, in the want of slight care and diligence.

Civil Code Dak. § 2102.

See, further, Cank; Gross NEGLI- GENCE; SLIGHT NEGLIGENCE. Negligence cannot be considered “gross” unless evidenced by an entire failure to exercise care, or by the exercise of so slight a degree of care as to justify the belief that the person on whom care was incumbent was indifferent to the interest and welfare of others.

64 Tex. 156.