“ While insisting that sparks or cinders from only three identified engines could have caused the fire, the railway company nevertheless introduced some evidence tending to show that all locomotives were properly equipped. ”

“ We go no further than to inquire whether there is plain error. Chicago Junction R. Co. v. King, 222 U.S. 222, 224, 56 L. ed. 173, 174, 32 Sup. Ct. Rep. 79; Texas & P. R. Co. v. Howell, 224 U.S. 577, 582, 56 L. ed. 892, 894, 32 Sup. Ct. Rep. 601.
The circuit court of appeals affirmed the judgment of the district court, rendered upon a verdict, against the railway company for the value of cotton destroyed by fire alleged to have started from sparks and cinders negligently permitted to escape from some passing locomotive. ”

“ This refusal is said to constitute plain and material error; but we think otherwise, in view of the long-continued use of the platform, and the clear instruction in respect of contributory negligence. The mere presence of the cotton on the right of way without affirmative permission would not suffice to relieve the company from the consequence of its own negligence. Grand Trunk R. Co. v. Richardson, 91 U.S. 454, 471, 23 L. ed. 356, 362. $The other assignments of error are not much relied upon and are without substantial merit. ”