NEGLECT

Omi ion;• failure to do something that one is bound.to do; carele ne . The term is used in the law of ballment as synonymous with "negligence." But the latter word 1s the closer translation ot the Latin "negligentl,a,." As used hi respect to the payment of money, refusal is the failure to pay money when demanded; neglect is the failure to pay money which the party is bound to pay without demand. Kimball v. Rowland, 6 Gray (Ma .) 224. The term mean& to omit, u to neglect busine or paYII1ent or duty or work, and is generally used in this sense. It does not generally Imply carele ne or imprudence, but simply an omi ion to do or perform some work, duty, or act. Rosenplaenter v. Roe le, 54 N. Y. 262. --Culpable neglect. In this phrase, the word "culpable" means not criminal, but censurable; and, when the term Is applied to the omi ion by a person to preserve the means of enforcing his own rights, censurable is more nearly an equivalent. As he has merely lost a right of action which he might voluntarily relinquish, and has wronged nobody but himself, culpable neglect conveys the idea of neglect which exists where the lo can fairly be ascribed to the party's own carele ne , improvidence, or folly. Bank v. Wright, 8 Allen. (Ma .) 121; Bennett v. Bennett, 93 Me. 241, 44 •At!. 894.- Willful neglect. Willful neglect is the neglect of the husband to provide for his wife the common nece aries of life, he having• the ability to do so; or it is the failure to do so by reason of idlene , profligacy, or di ipation. Civil Code Cal. § 105. NEGLIGENCE., The omi ion to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do. It must be determ1JJ.ed in all cases by reference to the situation and knowledge of the parties and all the attendant circumstances. NitroGlycerin Case, 15 Wall. 536, 21 L., Ed. 206; Blythe v. Birmingham Waterworks Co., 11 Exch. 784.. Negligence, in its civil relation,.ls such an lna(lvertent imperfection, by a responsible human agent, In. the discharge ot. a legal. duty, as immediately produces, in an ordinary and natural sequ~:u.ce, a damage to another. Whart..Neg. I a... [s. 816]