Wootton v. Dixon

WADDILL, Commissioner.

This is the third appeal of this case.

On the first appeal we held that the court erred in sustaining defendant’s motion for a peremptory instruction. The judgment was reversed and the case remanded to the circuit court for proceedings consistent with the opinion. Dixon v. Wootton, 307 Ky. 338, 210 S.W.2d 967.

On retrial of the case, plaintiff obtained judgment of $7,500. This judgment was reversed because of the court’s failure to give an instruction relative to the question of plaintiff’s intoxication. Wootton v. Dixon, 312 Ky. 521, 228 S.W.2d 428.

On the third trial a…