Elliott v. Camper

Harrington, J.,

in charging the jury, among other things, said:

The basis of this action is negligence, and in order for the plaintiff to recover she must show by the preponderance of the evidence that the defendant negligently violated some duty which she owed to the plaintiff, and that such negligence was the real or proximate cause of her injuries. You must, also, bear in mind that the negligent act or acts relied on by the plaintiff to prove her case must be the very act or acts alleged in her declaration.

Negligence has often been defined by this Court to be the lack of ordinary care under…