Consolidation Coal Co. v. Bailey

Opinion op the Court by

Judge Thomas

Affirming.

This is the second appeal of this case, the first opinion being reported in 178 Ky. 114, wherein the facts are stated in detail. Upon the first trial there was a judgment in favor of plaintiff (appellee) for the sum of $1,700.00, and on appeal the judgment was reversed upon the ground that the court refused to instruct the jury upon the concrete facts which defendant claimed constituted contributory negligence and which were embodied in instruction “B,” offered at the trial, but which was refused. The court held that under the peculiar facts of the…