United States v. Boston & M. R. R.

MORTON, Circuit Judge.

I concur, but I think that the statement of the rule in the opinion is too artificial. The practice in the Third Circuit as shown by P. & R. Ry. Co. v. United States, 247 F. 466 and Philadelphia & R. Ry. Co. v. U.S., 247 F. 469, seems to me much better. Confusing and unnecessary refinements in practice which serve no useful purpose ought to be avoided, especially when they rest on such doubtful foundations and involve such possibilities of absurdity as the present rule. See Universal Oil Products Co. v. Skelly Oil Co. (D.C.) 12 F.(2d) 271, 272. Inferences of fact drawn…