E. F. Spears & Sons v. Winkle

Opinion of the Court by

Judge Clay —

Reversing.

This is the second appeal of this case. On the former appeal the judgment was reversed and the cause remanded for a new trial. Spears & Sons v. Winkle, 185 Ky. 585, 217 S. W. 691.

On the next trial appellee’s evidence differed materially from that contained in the bill of exceptions on the first trial, and the court refused to permit the introduction of the bill for the purpose of impeachment. In the early case of Baylor v. Smithers, 1 T. B. Mon. 6, the court held that a bill of exceptions taken on a former trial was admissible on a subsequent trial…