Texas & Pacific Railway Company v. Rosborough

Syllabus

<p>Where the cause was removed from the state court to the District Court and comes here solely because plaintiff in error is incorporated under an act of Congress, this court goes no further than to inquire whether there is plain error.</p> <p>Where defendant on the trial insisted that sparks or cinders from only, three identified locomotives which were properly equipped with spark consumers could have caused the fire which destroyed plaintiff’s •goods, but introduced evidence tending to show that all its locomotives were properly equipped, which fact it had pleaded, it was not error to admit evidence in rebuttal to the effect that locomotives were seen within a few days after the accident near the scene of the fire' which were emitting large cinders.</p> <p>The trial court having properly instructed in respect to contributory negligence, it was not error to refuse to instruct that a railway company was not liable for damage by fire caused by its own negligence because it had not consented to storage of the damaged cotton on its platform, it appearing that there had been a long continued custom for such storage.</p>