culpable negligence

A term sometimes defined in a manner similar to definitions of ordinary negligence, it being said that "culpable negligence" is the ornission to do something which a reasonable, prudent and honest man would do, or doing some thing which such a man would not do under all the circumstances surrounding each particular case. State v Emery, 78 Mo 77; Kent v State, 8 Okla Crim 188, 126 P 1040. Other authorities consider "culpable negligence" as something beyond ordi nary negligence, defining it as the conscious and wanton disregard of the probabilities of fatal consequences to others as the result of the wilful creation of an unreasonable risk thereof; or a wanton disregard of, or indifference to, the safety of human life. Smith v State, 197 Miss 802, 20 So2d 701, 161 ALR 1. The term, as used in workmen's compensation acts excepting employees guilty of such negligence from the right to compensation, does not have the same meaning as the word "blamable," but means practically the same as "wilful and serious misconduct" which in turn means improper conduct of grave and aggravated character, either intentional misconduct, or misconduct of such a character as to evince a reckless disregard of consequences to the one who is guilty of it. Fulls v Swenson, 58 Wyo 393, 131 P2d 333; 58 Am J1st Workm Comp § 200. In most of the jurisdictions the term, as used in a manslaughter statute, has been construed as meaning negligence of a higher degree than ordinary negligence which suffices as a basis for liability in a civil action. However, in a few jurisdictions the term has been construed as denoting merely ordinary negligence when used in such a statute. Anno: 161 ALR 10. See negligent homicide.