Fort Worth & D. C. Ry. Co. v. Tomson

M. E. Tomson brought this suit against appellant railway company to recover damages to 35 bales of cotton, caused by fire. It was alleged that at the time of the damage the cotton had been delivered to the railway company for transportation and its liability as a common carrier had attached. In the alternative it was alleged that the cotton was negligently set on fire by sparks escaping from one of defendant's engines. At the close of the evidence, claim of liability on the latter ground was abandoned by the plaintiff "for the purposes of this trial only." The trial court held that the…