Bessire & Co. v. Day's Administratrix

Opinion op the Court by

Judge Clay

Affirming.

Boone Day’s administratrix brought this action against G-eorge E. Tomppert and his employer, Bessire & Co., to recover damages for the death of Day. The first trial resulted in a verdict and judgment for $10,-000, in favor of the administratrix. On-appeal it was held that there was sufficient evidence of negligence to take the case to the jury, but the judgment was reversed for failure to give an. offered instruction.

Tomppert v. Day’s Administratrix, 261 Ky. 40, 86 S. W. (2d) 1027. On the second trial there was a verdict in favor of the…