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

Opinion op the Court by

Judge Lassing

Reversing.

This is the second appeal of this ease. The former opinion will be found in 146 Ky., 260. In that opinion a detailed account of the facts upon which plaintiff based his cause of action and the defendant its defense is given, and it is unnecessary to restate them here.

The case was reversed upon two grounds-: First, error in the admission of evidence; and second, because the verdict was flagrantly against the evidence. Upon the return of the case, a second trial was had, with the result that plaintiff recovered a verdict for a sum slightly less than…