Moore v. Pope

Opinion of the Court by

Judge Fulton

Affirming.

This is the third appeal of this case, the two former appeals being found in 260 Ky. 619, 86 S. W. (2d) 540, and 273 Ky. 390, 116 S. W. (2d) 945. The facts are fully set out in the two former opinions. On the first appeal the judgment was reversed because of erroneous instructions. On the second appeal the judgment was reversed as being flagrantly against the evidence. On the third trial verdict and judgment were again for appellee, as was the case on the two former trials, and this appeal is from that judgment.

On the third trial the evidence for…