Owen J. Roberts

“ It is argued that it may be inferred from the speed of the train when some of the witnesses observed it crossing other streets as well as Bond avenue, and from a guess of the engineer as to the time required to get up such speed after a full stop, that none could have been made at Bond avenue. But the argument amounts to mere speculation in view of the limited scope of the witnesses' observation, the down grade of the railway tracks at the point, and the time element involved. ”

“ The jury found for the plaintiff, and on appeal the Circuit Court of Appeals affirmed a judgment entered upon that verdict. [1] This Court granted certiorari. [2] We need consider only whether upon the whole case defendant was entitled to a binding direction.
The tracks on which the accident occurred extend from the railway company's main line to a freight yard and run approximately north and south, almost parallel with, and some seventy-five feet west of, Eighth street. Bond avenue, which extends eastwardly and westwardly, crosses the tracks at a right angle. ”

“ Co. v. Jones, 276 U.S. 303, 48 S.C.t. 308, 72 L. Ed. 583; New York Central R. Co. v. Ambrose, 280 U.S. 486, 50 S.C.t. 198, 74 L. Ed. 562; Gunning v. Cooley, 281 U.S. 90, 93, 50 S.C.t. 231, 74 L. Ed. 720; Atchison, T. & S. F. Ry. Co. v. ”