Charles Evans Hughes

“ But the argument with respect to the time when the displacement might have been effected, which in any event could not have been very long before the accident, and the contention based on the position of the nuts and bolts, are unavailing in view of the lack of evidence tending to show that the defendant was in any way responsible for the condition which caused the derailment.
There are many details which it is unnecessary to review as they do not affect the essential question. ”

“ He testified that the rail was 'torn up,' that spikes and bolts were 'laying on the cross ties,' that three or four ties were 'taken loose,' that there was no doubt the spikes had been 'pulled,' that 'it was not a matter of fixing the track and leaving them out,' that the bolts and angle bars 'had been removed certain,' that there was a dent about the middle of the rail indicating that the rail 'had been pushed in,' and that one end of the rail had been 'pulled in' and 'spiked in from the outside' making the track 'too narrow' so that a train coming from Augusta would be derailed. ”

“ It is sufficient to say that upon a careful examination of the entire record we are unable to discover any basis for a finding of negligence on the part of defendant. The motion for the direction of a verdict in its favor should have been granted. ”