Joseph McKenna

“ In answering the question two elements are to be considered, the negligence of the defendant, and its connection with the destruction of the cotton. If the evidence established neither, the circuit court rightfully directed a verdict for defendant.
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. Applying that test in the case at bar, we do not think negligence on the part of defendant was established. ”

“ Cotton exposed upon the levees of New Orleans is in a different situation from cotton inclosed in locked box cars on a side track, in the solitude of the country, and demands a different degree of care. ”

“ It is easy to understand that if watchmen had been demanded of the defendant, it would have insisted upon the delivery of freight at its regular station at Le Compte, 2 1/2 miles distant. But the risk seems not to have been great. No loss from any cause is shown to have occurred during the existence of the practice,-nothing shown from which danger could be apprehended. One of the plaintiff's witnesses testified that tramps passed up and down the road daily ”