Aetna Oil Co. v. Metcalf

Opinion of the Court bt

Judge Sims

Affirming.

This is the second appeal of this case, and as the facts are set out in the former opinion reported in 298 Ky. 706, 183 S. W. 2d 637, it will not be necessary to again enumerate them. Only two questions are presented on this appeal: (a) was the verdict of $6,000 excessive where the evidence shows no permanent injury; and (b) may appellant complain of an instruction on this appeal to which no objection was made on the former appeal?

The transcript of the evidence on this appeal is practically the same as shown in the record on the former appeal. The…