Edward Terry Sanford

“ In short, we find that on the evidence and all the inferences which the jury might reasonably draw therefrom, taken most strongly against the Railway Company, the contention that the injury was caused by the negligence of the engineer is without any substantial support. In no aspect does the record do more than leave the matter in the realm of speculation and conjecture. ”

“ It is urged here in behalf of Wells that, despite this evidence, the question of the engineer's negligence was property submitted to the jury because of an inference to be drawn from Well's own statement that 'the engine gave an unusual jerk' which was more severe than any he had ever experienced or seen on a local freight train. ”

“ Their testimony was to the effect that it was not the duty of the engineer before starting to look out for the men who might be on the other side of the train, that being the duty of the fireman; that when the engineer pulled out he did not know where Wells was; that he started in the ordinary way, with open throttle, and did nothing in operating the engine that could cause a sudden or unusual lurch of the train; that after a freight train starts there are usually jerks or lurches caused by the running out of the slack between the cars ”