Gerke v. California Steam Navigation Co.

Citations

• 9 Cal. 251

Syllabus

<p>The declaration of the master of a steamboat, whilst running the river, respecting fire communicating from the chimneys of the boat to the crops of grain on the banks of the river, by which the crop was consumed, are admissible to establish the liability of the owners, in an action against them to recover damages for the destruction of the crop.</p> <p>Steamboat and railroad companies, in propelling boats on the river, and cars on the railroad, must provide all reasonable precaution, to protect the property of others, and they must also be properly used. Carelessness in either particular, resulting to the injury of an innocent party, will make the company liable. They are bound to temper their care according to the circumstances of the danger.</p> <p>What, facts and circumstances constitute evidence of carelessness, is a question of law for the Court to determine. But what particular weight the jury should give to these facts and circumstances, is a matter for the jury.</p>