Covington v. Atlantic Coast Line R. Co.

(dissenting) : I think that the case of Chesapeake & O. R. Co. v. Nixon, 271 U. S., 218, 46 S. Ct., 495, 70 L. Ed., 914, in connection with the cases therein cited, is conclusive against the plaintiff in this case. In that case, the Court reversed a judgment of the Supreme Court of Virginia, which affirmed a judgment of the Circuit Court in favor of the plaintiff under circumstances strikingly parallel with those of the case at bar. A review of the facts appearing in the opinion of the Virginia Court, reported in 140 Va., 351, 125 S. E , 325, discloses even a stronger case for the plaintiff…