Miller Creek Railroad v. Barnett

Response to Petition for Rehearing by

Judge Nunn

Withdrawing former opinion and affirming judgment: of the lower court.

This case was reversed June 2nd, 159 Ky., 344, for error in the instructions, and changes were suggested to *846make the instructions apply the law to the facts of the case on a new trial. With the petition for rehearing, there are filed certificates of the circuit clerk and trial judge, and from these- it appears that the instructions copied in the record and upon which the opinion was based, were not the instructions that were given to the jury. Through some mistake or oversight…