Negligence

The breach of a legal noncontractual duty to use care, with no precise intention of producing a particular injury thereby. See Shear. & R. Neg. §3; Beven, Emp. Liab. An inadvertent imperfection by a responsible human agent in the discharge of a legal duty, which produces, in an orderly and natural sequence, a damage to another.

Whart. Neg. § 3.

Any lack of carefulness in one's conduct, whether in doing, or in abstaining from doing, wherefrom by reason of its not filling the full measure of the law's requirement in the particular circumstances there comes to another a legal injury. Bish. Non-Cont.

Law, §436.

Negligence has been defined as the doing or omission of something which a reasonable prudent person would not have done or omitted under the circumstances (95 U. S. 439); but this is rather a statement of what constitutes proper care, and moreover omits the element of a duty imposed by law which is broken by the negligent act or omission (Pollock, Torts, 352). prisoner as he is bound to take, when in consequence thereof the prisoner departs from his confinement without the knowledge or consent of the gaoler, and eludes pursuit. For a negligent escape, the sheriff or keeper of the prison is liable to punishment, in a criminal case; and in a civil case, he is liable to an action for damages at the suit of the plaintiff. In both cases the prisoner may be retaken.

3 Bl. Comm. 415.

See "Escape." NEGLIGENTIA (Lat. from negliffere, to neglect). In the civil law. Negligence, want or omission of care or attention; inattention. This term hardly seems to correspond with what is called in English simple "negligence," since it 1x)ok a high degree of it to constitute culpa, or fault. Magna negligentia culpa est.

Dig. 50. 16, 226.

See "Culpa." NEGLIGENTIA SEMPER HABET INFORtuniam comitem. Negligence always has misfortune for a companion.

Co. Litt. 246; Shep. Touch. 476.