Protective order

“ A person may have exercised all the care which the law required, and yet, in the light of his new experience, after an unexpected accident has occurred, and as a measure of extreme caution, he may adopt additional safeguards. ”

“ The police power includes all measures for the protection of the life, the health, the property, and the welfare of the inhabitants, and for the promotion of good order and the public morals. It covers the suppression of nuisances, whether injurious to the public health, like unwholesome trades, or to the public morals, like gambling-houses and lottery tickets. ”

“ The rule deducible from them is, that the measure of care against accident, which one must take to avoid responsibility, is that which a person of ordinary prudence and caution would use if his own interests were to be affected, and the whole risk were his own. ”

“ It is contended in justification for the act in question that it was adopted in the interest of the city, to promote its cleanliness and protect its health, and was the legitimate exercise of what is termed the police power of the State. That power undoubtedly extends to all regulations affecting the health, good order, morals, peace, and safety of society, and is exercised on a great variety of subjects, and in almost numberless ways. ”

“ The authority of the state to pass laws in the exercise of the police power, having for their object the promotion of the public health, safety and welfare is very broad as has been affirmed in numerous and recent decisions of this court. ”

“ We are not concerned with the wisdom of this legislation or the need for it. Olsen v. Nebraska, 313 U.S. 236, 246, 61 S.Ct. 862, 865, 85 L.Ed. 1305, 133 A.L.R. 1500. Protection of the safety of persons is one of the traditional uses of the police power of the States. ”

“ It is equally within the power of the state to prescribe the safeguards and precautions foreseen to be necessary and proper to prevent by anticipation those wrongs and injuries which, after they have been inflicted, the state has the power to redress and to punish. ”

“ Out of the ordinary duties of the officer of health, would arise extraordinary jurisprudential duties of protecting the interests of the community in cases of deaths which have occurred under circumstances of suspicion or of manifest criminality. ”

“ CHAPTER III METHODS FOR THE CURE AND REPRESSION OF CRIME Preventive methods, the careful training of children, and assistance rendered to adults in critical moments of their lives, may diminish crime, but cannot suppress it entirely. Such methods should be supplemented by institutions which undertake to cure criminals, while protecting society from their attacks, and by others for the segregation of incurable offenders, who should be rendered as useful as possible in order to minimise in every way the injury they inflict on the community. ”

“ In such circumstances, the presence of a known danger, attendant upon a known use, makes vigilance a duty. We have put aside the notion that the duty to safeguard life and limb, when the consequences of negligence may be foreseen, grows out of contract and nothing else. ”

“ When human life or safety are involved, the law exacts a higher degree of care than is required in case where they are not put in peril. So, also, when a person puts himself in a position of known danger, the duty is placed upon him of exercising that degree of care which the circumstances require of any ordinarily prudent man so situated. ”

“ I charge you, gentlemen, that it is the duty of the master to use reasonable care and diligence to provide a reasonably safe place in which his servants shall perform their respective duties, and also to use reasonable care and diligence to provide reasonably safe appliances for the protection of his servants, and to use reasonable care and diligence to keep such appliances in a reasonably safe condition for the protection of his servants ”

“ Definition.—The police power of a State today embraces regulations designed to promote the public convenience or the general prosperity as well as those to promote public safety, health, morals, and is not confined to the suppression of what is offensive, disorderly, or unsanitary, but extends to what is for the greatest welfare of the State. ”

“ We have maintained that it is strictly within the province of the law to protect life, and to prohibit any arrangements by which it is shown that the lives of people in pursuit of their lawful and useful work, are without necessity endangered. Preventable accidents of every kind we have always declared it to be the duty of the legislature to prevent. ”

“ Individually you want to protect yourself, your life number one -- I am not saying whether you should or should not -- or your little property you have. So, you need the help of the policeman to protect it. ”

“ This is upon the theory that reasonable or ordinary care in a case of that kind is the highest care which human ingenuity can practically exercise, and that, as a matter of law, courts will hold every reasonably prudent and careful man to the exercise of the utmost care and diligence in protecting the public from the dangers necessarily incident to the carrying on of a hazardous business. ”

“ We recognize that, if a special relationship exists between an individual and a governmental entity, there could be a duty of care owed to the individual. This relationship is illustrated by the situation in which the police accept the responsibility to protect a particular person who has assisted them in the arrest or prosecution of criminal defendants and the individual is in danger due to that assistance. ”

“ At the same time it is urged that this protective legislation has been carried to an unreasonable extent, and people allege, no doubt with a certain amount of exaggeration, that they feel themselves regulated in all the relations of life. ”

“ What will amount to the exercise of ordinary care will vary greatly with circumstances, as under one state of facts that course of conduct which would amount to the exercise of ordinary care might, under another state of facts, fall far short thereof, and be clear proof of negligence. ”

“ It takes this step in the belief that thereby it strengthens criminal administration by protecting a prisoner. A prisoner should have protection but it is well to remember that law and order is an essential prerequisite to the protection of the security of all. ”

“ I answer, that the principle of self-defence will, in cases of real danger, authorize the adoption of lawful precautions, I am not disposed to deny; but, then, those precautions must be founded on equity; they must be such as reason will justify, or necessity excuse. ”

“ It will be deemed to have been necessary for the common safety, because the person to whom the law has intrusted authority to decide upon and make it has duly exercised that authority.' Id. 100, 109, 110. ”

“ Your legislative departments everywhere have passed innumerable stringent laws and created law enforcement departments of all kinds. You have built your so-called impregnable safes, safe deposit vaults, and burglar alarms. You have developed intricate and costly systems of business protective methods ”

“ In order to establish civil liability on the ground of negligence, three things must be proved—a duty to take care, the absence of due care, and actual damage caused directly by the absence of due care. Mere carelessness gives no right of action unless the person injured can show that there was a legal duty to take care. The duty may be to the public in general, on the ground that any person who does anything which may involve risk to the public is bound to take due care to avoid the risk. ”

“ We do not hold that a violation of all laws or ordinances constitutes negligence per se, but we do hold that the violation of ordinances designed for the safety of life, limb, or property, does constitute negligence per se, and this, we think, is supported by the clear weight of authority. ”

“ The degree of care and scrutiny which should attend the pursuit of the business or occupation practiced will necessarily depend upon the safety and freedom from injurious or dangerous conditions attending the prosecution of the same. ”

“ In case a statute makes it mandatory upon the employer to take certain precau- tions, to use certain safety appliances in his business, and he neglects or refuses to comply, does the workman who knows of his employer's neglect to comply with the statute, assume the risk of personal injury which may result from the latter's refusal to obey the law ? ”

“ The same Part of the Article alters the ordinary law for the protection of the citizen in one important respect. Under the ordinary law, when a person has been arrested and is in the custody of the police he is protected from interrogation by his custodians for obvious reasons. ”

“ They are not mere prudential regulations, but binding enactments, obligatory from the time that the necessity for precaution begins, and continuing so long as the means and opportunity to avoid the danger remain. ”

“ Control of the broad range of disorderly conduct that may inhibit a policeman in the performance of his official duties may be one such area, requiring as it does an on-the-spot assessment of the need to keep order. ”

“ Its object, the preservation of the public safety and good order, defines its scope, which will vary with the circumstances and necessities of the case. The exercise of the power may not extend beyond what is required by the exigency which calls it forth. ”

“ Authority for exacting it is found in the general police power of the state to provide against accidents to life and property in any business or employment, whether under the charge of private persons or of corporations. ”

“ For, while it may be a police power in the sense that all provisions for the health, comfort, and security of the citizens are police regulations, and an exercise of the police power, it has been said more than once in this court that, even where such powers are so exercised as to come within the domain of Federal authority as defined by the Constitution, the latter must prevail. ”

“ The care of providing the necessary assistance to those sick persons who can expect no help and attention from individuals, belongs to the police; and because this forms a part of government, rulers and sovereigns ought at all times to have made the establishments requisite for that purpose. ”

“ The power of the State to provide for the general welfare of its people authorizes it to prescribe all such regulations as, in its judgment, will secure or tend to secure them against the consequences of ignorance and incapacity as well as of deception and fraud. ”

“ Protect your home, protect your wife and children, with your life, if necessary. If a man crosses your threshold after you or your family, the law allows you to protect your home even if you have to kill the intruder. ”

“ Where the personal safety of a judge or his or her close relatives is at risk due to performance of his or her duties in accordance with the law, the people's court or public security organ shall take necessary measures such as to protect the personal safety of the judge and his close relatives, and to prohibit certain persons from approaching them. ”

“ Therefore, even if we believed that the protective doctrine was sound31 and that some protective system was beneficial, and that the one which we have was the right one when it was made, we should be driven to the conclusion that one which is twenty years old is sure to be injurious to-day. ”

“ Thus, to save a life, it may not only be allowable, but a duty, to steal, or take by force, the necessary food or medicine, or to kidnap, and compel to officiate, the only qualified medical practitioner. ”

“ Second, That, if the law will not reach out so far as to hold the creator of unsanitary, unlivable conditions guilty of bloodshed, at any rate such conditions excuse the inciters from liability, because inciters are the involuntary transmitting agents of an uncontrollable force set in motion by those who created the unlivable conditions. ”