 Confusion has arisen from regarding negligence as a positive instead of a negative word. It is really the absence of such care as it was the duty of the Defendant to use." It is hardly correct to say, that the Court of Exchequer Chamber in the case referred...  The Law Reports: Cases Heard and Determined by the Judicial Committee and ... - Page 348by Edmund F. Moore, William Macpherson, Herbert Cowell, Incorporated Council of Law Reporting for England and Wales, Great Britain. Privy Council. Judicial Committee - 1869Full view - About this book
 | Law - 1869 - 370 pages
...dictum in Grill General Iron Screw CMier Company. 14 L. T. Rep. NS 715, were adopted. Wîlles, J., said: "Confusion has arisen from regarding negligence...absence of such care as it was the duty of the defendant to u«e." Crompton, J., in delivering the opinion of the court said : " It is said that there may be... | |
 | Law - 1870 - 370 pages
...Confusion has arisen from regarding negligence as a positire instead of я negative word. It is really an absence of such care as it was the duty of the defendant to use." In support of this view he cited Beal v. South Devon Railway Co. (3 H. & C. 837); but in that «see... | |
 | Law - 1876 - 476 pages
...deciding the point, after stating his agreement with the dictum of Lord Cranworth, snid: "Confusion had arisen from regarding negligence as a positive instead...such care as it was the duty of the defendant to use. Gross is a word of description and not of definition, and it would have been only introducing a source... | |
 | Law - 1877 - 490 pages
...several judges. Mr. Justice Willes (in Grill v. General Iron Screw Colliery Company, L. Rep. 1 CP 612) said, " Confusion has arisen from regarding negligence...care as it was the duty of the defendant to use." The remark of Baron Rolfe (Wilson v. Brett, 11 M. & W. 113), to the effect that negligence and gross... | |
 | Law - 1882 - 692 pages
...relative term and meant " the absence of the care that was requisite under the circumstances." It was the absence of such care as it was the duty of the defendant to use in the circumstances of the caseIn Beal v. South Devon R'y Co., supra, it was held in the case of a... | |
 | Law - 1883 - 908 pages
...effect are the words of WIU.EB. J., in Grill v. General Iron Screw Colliery Co., LR, 1 CP 612, who said : " Confusion has arisen from regarding negligence...care as it was the duty of the defendant to use." Negligence is usually divided into three degrees—flight, ordinary and gross negligence. Ever since... | |
 | James Williams - Common law - 1883 - 290 pages
...with a vituperative epithet, according to Lord Cranworth in Wilson v. Brett, 11 M. & W. 113; it is the absence of such care as it was the duty of the defendant to use (Grills v. General Iron Screw Collier Co., LR 1 CP 612). It includes, says Mr. Campbell, both culpa... | |
 | James Williams - Institutiones - 1883 - 310 pages
...with a vituperative epithet, according to Lord Cranworth in Wilson v. Brett, 11 M. & W. 113; it is the absence of such care as it was the duty of the defendant to use (Grills v. General Iron Screw Collier Co., LR 1 CP 612). It includes, says Mr. Campbell, both culpa... | |
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