CHARNOCK V. TEXAS & PACIFIC RY. CO., 194 U. S. 432 (1904)

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U.S. Supreme Court

Charnock v. Texas & Pacific Ry. Co., 194 U.S. 432 (1904)

Charnock v. Texas and Pacific Railway Company

No. 194

Argued April 8, 1904

Decided May 16, 1904

194 U.S. 432


Negligence has always relation to the circumstances in which one is placed, and what an ordinarily prudent man would do or omit in such circumstances.

The failure to keep a watchman and fire apparatus at a switch track plantation

Page 194 U. S. 433

station, maintained for ten years for the convenience of shippers, who thereby were saved the expense of sending their cotton two and a half miles to a regular station and who never demanded the additional protection, no accident or fire occurring during such period, is not negligence on the part of the carrier, and, in the absence of any evidence whatever as to the origin of the fire, justifies the direction of a verdict for defendant.

Cau v. Texas & Pacific Railway Co., ante, p. 194 U. S. 427, followed as to conditions under which a common carrier may limit its liability against damages to goods by fire.

The facts are stated in the opinion of the court.

Page 194 U. S. 436

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