Cincinnati, New Orleans & Texas Pacific Railway Co. v. Goode

*61Opinion ok the Court by

Judge Carroll

Beversing.

This is the second appeal of this case by the railway company from- a judgment against it.

The opinion of this court on the former appeal may be found in 153 Ky., 247. On that appeal the court, proceeding on the assumption that the action was brought under the State law, reversed the judgment on the ground that the appellee, Goode, was guilty of such contributory negligence as denied him a right of recovery. After this, and in response to a petition for a rehearing, the court said in 155 Ky., 153:

“Under the facts of this case as they were developed…