Texas & Pacific Railway Co. v. Watson

Citations

• 190 U.S. 287
• 23 S. Ct. 681
• 47 L. Ed. 1057
• 1903 U.S. LEXIS 1590

Syllabus

<p>In an action to recover value of cotton burned while stored on a platform near a railroad track held, there was no error in admitting evidence:</p> <p>1. That about the time of the fire and the passing of the locomotive which it was charged occasioned the fire, other fires were observed near the track and the cotton. Grand Trunk B: Co. v. Bichardson, 91 IT. S. 454.</p> <p>2. In view of the condition of the record, that certain witnesses did not know of, and saw, no opportunity for the cotton to have caught fire except from the locomotive in question.</p> <p>3. In answer to a hypothetical question to a witness duly qualified as an expert, as to whether the number of fires indicated the condition of the locomotive and the spark arresters. ■ . *</p> <p>4. By reading the deposition of a witness who was in court, but who it appeared was afterwards called by the defendant and testified as to the evidence in the deposition, thé error if any not being sufficiently grave to require a reversal of the case. Also held:</p> <p>5. That on the evidence as it appeared on the record, it was properly left to the jury to determine if the company used the best spark arrester and the plaintiff was free from contributory negligence, the jury being also instructed that the verdict must be for the company if it did use the best spark arrester, at the time in good conditio, and operated the locomotive with ordinary prudence.</p> <p>6. That it,was not necessary to charge the jury that in placing the cotton on the platform the plaintiff assumed.risks which were to be anticipated from engines properly equipped and operated, as that was to be deduced from the charge as made.</p> <p>7. That the plaintiff was not bound by stipulations in the lease of the platform from the railroad company to the lessee, it appearing that the plaintiff was not in privity with the lessee and had no knowledge of such stipulations.</p>