Dunagan v. Appalachian Power Co.

I find myself unable to concur with the majority of the court in this ease, and dissent therefrom for the following reasons:

First. As stated in the majority opinion, this ease has been three times before this court on appeal from the decision of the District Court, the plaintiff appealing in each instance. From my view of the ease, the law thereof is settled by the first decision of this court (11 F.(2d) 65), that, in the absence of a substantial change in the testimony, this court is controlled by its decision on the-first appeal. I cannot bring myself to the conclusion that there is such…