Charles Evans Hughes

“ But the power is not properly exercised if the opening statement leaves doubt as to the facts or permits conflicting inferences. Where uncertainty arises either from a conflict of testimony or because the facts being undisputed, fair-minded men may honestly draw different conclusions from them, the question is not one of law, but of fact to be settled by the jury. ”

“ Sand piles close at hand would constitute 'a bait' they would inevitably follow. According to the statement, they did follow it, and they used the wharf as a playground at their pleasure. As the authorities of the District had reason to anticipate that use, there was a duty to take reasonable precautions either to prevent it or to keep the wharf in such a proper state of repair that children would not be exposed to the danger of falling through holes. ”

“ The existence of these holes manifestly constituted a danger, and the statement does not require the conclusion that the danger would be obvious to young children playing in the sand on the wharf. The fact that the opening statement did not refer to any prior accident to children is inconsequential. On the question whether the District permitted children to enter and play on the wharf, counsel's statement gave basis for an inference that children had this permission. ”

“ Arms Company, 103 U.S. 261, 263, 26 L.Ed. 539. The exercise of this power in a proper case is not only not objectionable, but is convenient in saving time and expense by shortening trials. Liverpool, N.Y. & P. Staeamship Co. ”