Lesser Cotton Co. v. St. Louis, I. M. & S. Ry. Co.

Citations

• 114 F. 133
• 52 C.C.A. 95
• 1902 U.S. App. LEXIS 4075

Syllabus

<p>1. Raimoads — Evidence—Setting Fires — Fires Set by Other Engines.</p> <p>Whore the engine which alone could have set the fire is identified, testimony that other engines of the defendant set fires or threw sparks at oilier times is incompetent in the absence of proof of similar condition and operation.</p> <p>2. Same — Habit op Punching Spark Arresters Immaterial Where Engine is Identified.</p> <p>Where the engine which alone could have set the fire is identified, and its spark arrester is shown to have been without holes punched in it at the time of the fire, it is incompetent to show a habit of the engineers of the defendant to punch such holes in the spark arresters of their engines.</p> <p>8. Same — Testimony as to Pires Set by Other Engines.</p> <p>Where the engine which might have set the fire is not identified, and tlie issue is either whether or not some unknown engine set the fire, or whether or not sparks could have flown from the engine to the burned building-, testimony that other engines of the defendant at other near times and places set fires or threw sparks the requisite distance may be competent.</p> <p>4. Same — Duty of Railway Company as to Preventive Machinery.</p> <p>It is the duty of a railway company to exercise reasonable care to provide itself with the most effective mechanical contrivances in known practical use to prevent the escape of sparks and coals-from its engines, but the law does not impose upon it the duty to absolutely provide such contrivances, or make it the insurer of their completeness or perfection.</p> <p>5. Appeals — Objections rot Presented Below Unavailing in Appellate Court.</p> <p>The federal appellate courts are courts for the correction of errors, only, in actions at law; and questions which were not presented to tlio court below may not be reviewed there, because the trial courts cannot be guilty of errors in rulings they have never made upon issues that never were presented to them.</p> <p>6. Appeal — Mistakes o