Champion v. Ferguson

Opinion op the Court by

Hobson, Commissioner

Eeversiug.

The facts of this case are stated iu the former opinion. See Champion v. Ferguson, 237 Ky. 115, 34 S. W. (2d) 957, 958. On that appeal the circuit court had given the jury a peremptory instruction to find for the plaintiff. Reversing the judgment, this court said:

“The court directed a verdict in favor of the wrong party. Mrs. Champion was entitled to such a verdict, and not Ferguson, and upon the next trial, if the pleadings and evidence are substantially the same the court will so instruct the jury, but if these things are then…