Byrd v. . Davis

Tbis case was originally decided by us on 16 April, 1924. Since that time the Supreme Court of the United States bas rendered a contrary decision in a case essentially similar to the one at bar, and wbicb we consider a controlling authority on the question bere presented. Davis v. Donovan, 44 Sup. Ct., 513 (decided 26 May, 1924), approving Manbar Coal Co. v. Davis, Agent (Circuit Court of Appeals, Fourth Circuit, 10 March, 1924), 297 Fed., 24, where the question is discussed in a learned opinion by Rose, Circuit Judge.

On tbe trial tbe following issue was submitted to tbe jury and answered by…