Ball v. Middlesboro Coca-Cola Bottling Works, Inc.

Opinion op the Court by

Creal, Commissioner

Affirming.

This is the second appeal of this case. In an opinion rendered on former appeal and reported in 262 Ky. 101, 89 S. W. (2d) 875, will be found a statement of the facts and circumstances out of which the litigation grew and also a statement of the Substance of so much of the evidence introduced on the former trial as was necessary to an understanding of the issues made by the evidence and to a determination of the appeal.

The judgment was reversed because of error in instruction No. 2 fixing the measure of damages in that it authorized recovery…