Donald L. Atkins v. Schmutz Manufacturing Company, Incorporated

(specially concurring):

I concur in the judgment of the Court because I think that state law requires reversal and remand. We need not and should not decide more.

Following plaintiff’s petition for further reconsideration,' counsel have referred us to Weinstéin v. Glens Falls Insurance Co., 202 Va. 722, 119 S.E.2d 497 (1961), decided after Jones v. Morris Plan Bank of Portsmouth, 170 Va. 88, 195 S.E. 525 (1938), on which we relied for affirmance in our original decision. In Weinstein an action at law on a policy of insurance was commenced within the one year period of limitations for actions at…