2. In PENNSYLVANIA R. CO. v. CHAMBERLAIN, 288 U.S. 333, 339, 53 S.Ct. 391, 393, 77 L.Ed. 819, 822–23 (1933), the Supreme Court, in approving a directed verdict for defendant, said:

* * * At most there was an inference to that effect drawn from observed facts which gave equal support to the opposite inference * * *.
We, therefore, have a case belonging to that class of cases where proven facts give equal support to each of two inconsistent inferences; in which event, neither of them being established, judgment, as a matter of law, must go against the party upon whom rests the necessity of sustaining one of these inferences as against the other, before he is entitled to recover.