That degree of diligence which a person placed in a particularsituation must exercise in order to entitle him to the protection of the law in respect torights or claims growing out of that situation, or to avoid being left without redress onaccount of his own culpable carelessness or negligence . Garahv v. Bavley. 25 Tex.Supp. 302: Sanderson v. Brown, 57 Me. 312