Ellis v. Sinclair Refining Co.

Tbe decisions of this Court are all in accord that in order to establish actionable negligence it must appear: First, that tbe defendant has failed to exercise proper care in tbe performance of some legal duty which tbe defendant owed tbe plaintiff under tbe circumstances in which they were placed, proper care being that degree of care which a prudent man should use under like circumstances when charged with a like duty; and, second, that such negligent breach of duty was tbe proximate cause of tbe injury. It must not only appear that tbe negligent act produced tbe result in continuous…