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Negligence

A Law Dictionary and Glossary · George C. Kinney · 1893

A Law Dictionary and Glossary

Tlie omission of care or diligence; the omission of that, degree of care which a man of common prudence takes in his own concerns. Negligence is distinguished, though the distinction is objected to, as of three degrees, slight, ordinary and gross. In whatever degree, it is but a want of the care and diligence due in the circumstances, v. Care. Coniparatiye negligence: negligence on the part of a plaintiff which is to be regarded as slight, in comparison with negligence of the other party, which in the comparisbn is gross, which, though in a degree contributory, will not prevent a recovery, if it does not amount to a want of ordinary care. Contributory negligence: the absence of reasonable or ordinary care and caution on the part of a person injured by negligence of another. Criminal negligence: acts of gross negligence made punishable as criminal offenses, as acts by common carriers of passengers and their servants.