Payne v. Mason

Sims, P.,

after making the foregoing statement, delivered the following opinion of the court:

The case is near the border line between the two classes of cases which are mentioned in Davis v. Bowman, 138 Va. 108, 121 S. E. 506, and is ruled by the latter case and those of the same class therein mentioned.

As said in the Bowman Case, we say in this: “We have had occasion recently to pass upon many similar cases. The pertinent principles are well settled. After a most careful consideration of the evidence, we are of opinion that we cannot say as a matter of law that the plaintiff was guilty of…