Davidson Steamship Co. v. United States,
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205 U.S. 187 (1907)
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U.S. Supreme Court
Davidson Steamship Co. v. United States, 205 U.S. 187 (1907)
Davidson Steamship Company v. United States
Argued March 1, 1907
Decided March 25, 1907
205 U.S. 187
Where negligence is a mere question of fact and nothing appears which is negligence per se, the determination of the question is peculiarly the province of the jury, and its conclusions will not be disturbed unless it is entirely clear that they were erroneous.
There is an obligation on all persons to take the care which, under the special circumstances of the case, a reasonable and prudent man would take, and the omission of that care constitutes negligence.
It is within the province of the jury to determine whether a captain of a steamship, also acting as pilot thereof, who fails to keep himself informed of changes made from time to time in the different harbors which he is likely to visit, is guilty of negligence in colliding with a government breakwater, in course of erection, and on which the lights have been changed, and even though there may have been evidence warranting the finding of contributory negligence on the part of the government in the way it left the lights, this Court will not set aside the verdict after it has been approved by the trial court and the circuit court of appeals.
142 F. 315 affirmed.
The facts are stated in the opinion.