opinion: FOSTER, Circuit Judge.
  This was a suit to recover damages for personal injuries suffered by defendant in error. The accident occurred in the city of Galveston at about 10 o’clock p. m., at the end of Twenty-Fifth street. It is in evidence that said street terminates at the harbor opposite the Mallory Dock, and the intervening space is occupied by tracks owned by plaintiff in error, over which freight cars are frequently switched day and night. During the day the public passes freely over the tracks from the end of the street going to the dock.
  Defendant in error is a seaman, and at the time of the accident was going to his vessel, which was in dry dock in the harbor, and he expected to find a launch at the Mallory Dock to take him to her. A watchman is employed during the day to warn people crossing the tracks at the end of Twenty-Fifth street, and there was some evidence tending to show that one was also employed at night, but he professed ignorance of the accident. In the course of his charge the judge said:
  “It has been pleaded that the defendant was guilty of negligence in not maintaining a watchman at this place. The court instructs you on that point that the defendant is not required as a matter of law to maintain a watchman, either permanently or temporarily, at a crossing, and he is not required to maintain a watchman at all, unless, either permanently or under circumstances of great movement, the place at which the movements are occurring is extraordinarily and unusually dangerous because of the circumstances surrounding the crossing, obstructions, etc., which may be near to or because of its being a populous and used crossing. If, under the circumstances of this ease, the jury finds that the circumstances of that crossing where the accident occurred was one which made it extraordinarily and peculiarly dangerous, then the jury may inquire as to whether a reasonably prudent person under such circumstances would have maintained a watchman. If the jury finds that there was such a condition and a reasonably prudent person would have maintained a watchman there, and if the jury finds that, had sueh a watchman been maintained there, such an injury would not have occurred there, then the jury will find the defendant negligent on that ground, or may find the defendant negligent.”
  This is assigned as error. The question of negligence, under all the facts and circumstances of the case, is for the jury. We find no error in the charge complained of.
  Other errors assigned are equally without merit.
  Affirmed.
instruction: What follows is an opinion from a United States Court of Appeals.
  Intervenors who participated as parties at the courts of appeals should be counted as either appellants or respondents when it can be determined whose position they supported. For example, if there were two plaintiffs who lost in district court, appealed, and were joined by four intervenors who also asked the court of appeals to reverse the district court, the number of appellants should be coded as six.
  When coding the detailed nature of participants, use your personal knowledge about the participants, if you are completely confident of the accuracy of your knowledge, even if the specific information is not in the opinion. For example, if "IBM" is listed as the appellant it could be classified as "clearly national or international in scope" even if the opinion did not indicate the scope of the business. 
  
  Your task concerns the first listed appellant. The nature of this litigant falls into the category "private business (including criminal enterprises)", specifically "other". Your task is to determine what subcategory of business best describes this litigant.
choices: medical clinics, health organizations, nursing homes, medical doctors, medical labs, or other private health care facilities private attorney or law firm media - including magazines, newspapers, radio & TV stations and networks, cable TV, news organizations school - for profit private educational enterprise (including business and trade schools) housing, car, or durable goods rental or lease entertainment: amusement parks, race tracks, for profit camps, record companies, movie theaters and producers, ski resorts, hotels, restaurants, etc. information processing consulting security and/or maintenance service other service (including accounting) other (including a business pension fund) unclear