Bray-Robinson Clothing Co. v. Higgins

Opinion oe the Court by

Judge Logan

— Affirming.

This is a second appeal of this case. The first opinion is found in 210 Ky. 432, 276 S. W. 129. The facts are stated in that opinion. The verdict in the first trial was for $4,600.00. The case was reversed because of the admission of incoinpetent evidence and because of erroneous instructions. The evidence on the last trial was substantially the same as the evidence on the first trial.

Three grounds are urged for a reversal: (1) That instruction No. 3 given by the court is erroneous, because it submits the question of permanent injury to the jury,…