What is CARE? Definition of CARE in Black's Law Dictionary – Legal dictionary – Glossary of legal terms.
Attention, Seaman v. State, 106 Ohio St. 177, 140 N.E. 108, 111, Lustenberger v. Boston Casualty Co., Mass., 14 N.E.2d 148, 151, 115 A.L.R1055; charge, Emery v. Wheeler, 152 A. 624, 626,129 Me. 428, Lustenberger v. Boston Casualty Co., Mass., 14 N.E.2d 148, 151, 115 A.L.R. 1055; custody, Madison v. State, 163 Tenn. 198, 42 S.W.2d 209, Fox West Coast Theatres v. Union Indemnity Co., 167Wash. 319, 9 P.2d 78, 81; diligence; discretion; heed, caution, concern, Northern Indiana PowerCo. v. West, 218 Ind. 321, 32 N.E.2d 713, 720; inclination, wish or disposition, Stella v. Downy flake Restaurant, 126 Conn. 441, 11 A.2d 848, 849;maintenance, Stafford v. Stovall, 109 Okl. 234, 235238, 239; management, Seaman v. State, 106Ohio St. 177, 140 N.E. 108, 111; opposite of negligence or carelessness, Raymond v. Portland R.Co., 100 Me. 529, 62 A. 602, 605, 3 L.R.A.,N.S., 94;oversight, Emery v. Wheeler, 129 Me. 428, 152 A.624, 626, Madison v. State, 163 Tenn. 198, 42 S.W.2d209; prudence, Quanah, A. & P. Ry. Co. v. Eblen,Tex.Civ.App., 55 S.W.2d 1060, 1063; regard, Lutenberger v. Boston Casualty Co., Mass., 14 N.E.2d148, 151, 115 A.L.R. 1055, Arnold v. United States, C.C.A.Colo., 94 F.2d 499, 505; safekeeping, preservation, security, Fox West Coast Theatres v.Union Indemnity Co., 167 Wash. 319, 9 P.2d 78, 81;to cause to have care; to trouble; to care for;to regard. Arnold v. United States, C.C.A.Colo, 94 F.2d 499, 505; vigilance; watchfulness.
There are three degrees of care which are frequently recognized, corresponding (inversely) to the three degrees of negligence, viz. : slight care, ordinary care, and great care.
Slight care is such as persons of ordinary prudence usually exercise about their own affairs of slight importance. 25 Okl.St.Ann. § 4. Or it is that degree of care which a person exercises about his own concerns, though he may be a person of less than common prudence or of careless and inattentive disposition. Litchfield v. White, 7 N.Y. 442, 57 Am.Dec. 534; Bank v. Guilmartin, 93 Ga. 503, 21 S.E 55, 44 Arn.St.Rep. 182.
Ordinary care is that degree of care which persons of ordinary care and prudence are accustomed to use and em- ploy, under the same or similar circumstances. Gunn v. Railroad Co., 36 W.Va. 165, 14 S.E. 465, 32 Am.St.Rep.842; Railroad Co. v. Howard, 79 Ga. 443 S.E. 426; Liston v. Reynolds, 69 Mont. 480, 223 P. 507, 509; Pauls Valley Compress & Storage Co. v. Harris, 62 Okl. 103, 162 P. 216,Or it is that degree of care which may reasonably be expected from a person in the party's situation, that is, reasonable care. Neal v. Gillett, 1855, 23 Conn. 443.
Reasonable care is such a degree of care, precaution, or diligence as may fairly and properly be expected or required, having regard to the nature of the action, or of the subject-matter, and the circumstances surrounding the transaction. See Johnson v. Hudson River R. Co., 6 Duer, N.Y., 646; Appel v. Eaton & Price Co., 97 Mo.App. 428, 71 S.W. 741; Illinois Cent. R. Co. v. Noble, 142 Ill. 578, 32 N. 684. It is such care as an ordinarily prudent person would exercise under the conditions existing at the time he is called upon to act. Midland Valley R. Co. v. Bell, C.C.A.Okl., 242 F. 803, 808; Loverage v. Carmichael, 164 Minn. 76, 204 N.W. 921, 922. Substantially synonymous with ordinary or due care. Kucera v. Grigsby, 24 Ohio
App. 457, 156 N.E. 249, 250; Wiley v. Rutland R. Co., 86 Vt. 504, 86 A. 808, 811.
Great care is such as persons of ordinary prudence usually exercise about affairs of their own which are of great i mportance; or it is that degree of care usually bestowed upon the matter in hand by the most competent, prudent, and careful persons having to do with the particular subject. Railway Co. v. Smith, 87 Tex. 348, 28 S.W. 520; Telegraph Co. v. Cook, Cal., 61 F. 628, 9 C.C.A. 680.
A high degree of care is not the legal equivalent of reasonable care. Gallatty v. Central R. of New Jersey, 86 N.J.Law, 416, 92 A. 279, 280. It is that degree of care which a very cautious, careful, and prudent person would exercise under the same or similar circumstances. Bryning v. Missouri, K. & T. Ry. Co. of Texas, Tex.Civ.App,167 S.W. 826, 827; a degree of care commensurate with the risk of danger. New Jersey Fidelity & Plate Glass Ins. Co. v. Lehigh Va:ley R. Co., 92 N.J.Law, 467, 105 A. 206, 207.
Highest degree of care and utmost degree of care have substantially the same meaning. Brogan v. Union Traction Co., 76 W.Va. 698, 86 S.E. 753, 756. "Highest degree of care" only requires the care and skill exacted of persons engaged in the same or similar business. Birmingham Ry.., Light & Power Co. v. Cockrell, 10 Ala.App. 578, 65 So. 704. It means the highest degree required by law where human safety is at stake, and the highest degree known to the usage and practice of very careful, skillful, and diligent persons engaged in the same business by similar means or agencies. Birmingham Ry., Light & Power Co. v. Barrett, 179 Ala. 274, 60 So. 262, 264.
This division into three degrees of care, however, does not command universal assent. Raymond v. Portland R. Co., 100 Me. 529, 62 A. 602, 605, 3 L.R.A.,N.S., 94; Pornroy v. Bangor & Aroostook R. Co., 102 Me. 497, 67 A. 561, 562.
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