Oliver Wendell Holmes, Jr.

“ There is nothing to show that the trial court exceeded its discretionary power in allowing the trial to go on,-still less that there was such an arbitrary requirement as to amount to a denial of due process of law within the 14th Amendment. ”

“ It seems to us that it would have been impossible to take the case from the jury on the ground either that there was no negligence or that the deceased assumed the risk. Upon a consideration of all the objections urged by the plaintiff in error in its argument and in its briefs, we are of opinion that the judgment should be affirmed. ”