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Davidson Steamship Co. v. United States, 205 U.S. 187 (1907)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Davidson Steamship Co. v. United States, 205 U.S. 187 (1907)
Davidson Steamship Company v. United States No. 220 Argued March 1, 1907 Decided March 25, 1907 205 U.S. 187
ERROR TO THE CIRCUIT COURT OF
APPEALS FOR THE EIGHTH CIRCUIT
Syllabus
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.
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Chicago: U.S. Supreme Court, "Syllabus," Davidson Steamship Co. v. United States, 205 U.S. 187 (1907) in 205 U.S. 187 205 U.S. 189. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=XHKM9XM2RRHCQYR.
MLA: U.S. Supreme Court. "Syllabus." Davidson Steamship Co. v. United States, 205 U.S. 187 (1907), in 205 U.S. 187, page 205 U.S. 189. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=XHKM9XM2RRHCQYR.
Harvard: U.S. Supreme Court, 'Syllabus' in Davidson Steamship Co. v. United States, 205 U.S. 187 (1907). cited in 1907, 205 U.S. 187, pp.205 U.S. 189. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=XHKM9XM2RRHCQYR.
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