Chesapeake & Ohio Railway Co. v. Martin

ON REHEARING.

Richmond, Makch 20, 1930

This case was decided by this court on June 14, 1928 (143 S. E. 629), and the judgment of the lower court *8was affirmed. A rehearing was granted plaintiff in error, and thus the ease is before us again. The facts are fully set forth in the former opinion.

The main contention of the railway company is that the former decision of this court is in conflict with the decisions of the United States Supreme Court, as well as former decisions of this court.

The decision upon the former hearing was placed upon two theories: First: That the evidence was, upon a…