Anselment v. Daniell
New York Court of Common Pleas
Appeal from trial term. Action by Lawrence Anselment against John Daniell and another to recover damages for injuries sustained by plaintiff through the negligent driving of a wagon by defendants’ servant. From a judgment dismissing his complaint, plaintiff appeals.
1Opinion of the CourtBischoff, J.
All persons are alike under reciprocal obligation to exercise ordinary care,—the one, to avoid doing injury; the other, to avoid being injured. Ordinary care is that degree of precaution which an ordinarily prudent person would exercise under like circumstances; and negligence, in a legal sense, arises from the omission to exercise it. The presumption is that every one will do his duty. So one person may rely upon another’s observance of ordinary care, and neither is required to anticipate the other’s neglect in that respect. Much less is a person required to use extraordinary vigilance to…
2Cited by9 opinions
- Burger v. Taxicab Motor Co.Washington Supreme Court · 1912
- Kuzuf v. GebhardtSupreme Court of Missouri · 1980
- Ostermeier v. Kingman-St. Louis Implement Co.Supreme Court of Missouri · 1914
- Curran v. WeissNew York Court of Common Pleas · 1893
- Reens v. Mail & Exp. Pub. Co.New York Court of Common Pleas · 1894
4 more not listed; retrieve them via the Exa API.