Black Mountain Corp. v. Partin's Adm'r

Opinion of the Court by

Judge Perry —

Reversing.

This is the fifth appeal of this case. The opinions on the four former appeals may be found in 237 Ky. 556, 36 S. W. (2d) 1; 243 Ky. 791, 49 S. W. (2d) 1014; 248 Ky. 32, 58 S. W. (2d) 234, 93 A. L. R. 606; and 254 Ky. 404, 71 S. W. (2d) 984.

Upon a remand and trial of the case, the facts heard on this (the fifth) trial of the case were again substantially the same as introduced on the former trials. There was no substantial change in the testimony with the exception of some further evidence introduced in support of plaintiff’s sudden emergency…