Sinan

This is a case in which the decision on appeal rests chiefly on the sufficiency of the evidence to support the verdict of the jury, and in which, it is conceded by both plaintiff and defendant, there is no conflict in the evidence.

The verdict was for the defendant and the correctness of such verdict must rest upon the justification from the undisputed facts for the inferences and conclusions which must have been arrived at to support the' verdict.

As the testimony of the numerous witnesses, shown in the bill of exceptions, is in substantial accord, nothing is to be gained by reviewing such testimony in detail.

The concensus of the separate narrations as to the facts pertaining to the accident is as follows:

The roadbed at the scene of the derailment was practically level, without curves and was rock-ballasted and in good condition. The train passed the station of Shafter at 5:21 P. M., a distance of sixteen miles from the scene of the wreck, and arrived at the place of the accident at 5:37 P. M., after dark, covering the intervening distance in sixteen minutes. The rate of speed on the approach to the point of derailment was variously estimated by witnesses at from forty-five…