236 F. 690 | 5th Cir. | 1916
While the defendant in error, George Duboise, the plaintiff below, acting as an employé of the Newport Tur
It may be assumed that the circumstance last mentioned furnished some support for an inference that the explosion had its origin in the caps, rather than in the dynamite or the fuse, which were also in the box. But we are not of opinion that any evidence was adduced which furnished any Substantial support for a finding that any of the caps as
The testimony was such that it is impossible to tell from it what caused the explosion. One or more of the caps may have been made more subject to explosion as the result of something that happened to them after they passed out of the possession and control of the defendant. The evidence did not. disclose where they had been, or what, if anything, had been done to them, after the plaintiff’s employer bought them. Where several things may have caused the injury complained of, for some bf which the defendant is responsible, and for some of which it is not, it is not for the jury to guess between the different possible causes, and find that the negligence of the defendant is the real cause, when there is no satisfactory foundation in the evidence for that conclusion. Patton v. Texas & Pacific Ry. Co., supra. The evidence was such as to make it pure guesswork to say that the defendant wras “negligent as chaj ged, or that to that negligence the injury complained of was attributable. In this state of the evidence it was error to refuse the requested charge for a verdict in favor of the defendant.
The judgment presented for review is reversed.