Board of Councilmen of City of Frankfort v. Ballew

Opinion op the Court by

Judge Tilford

Reversing.

The facts out of which this litigation arose are set forth in our former opinion reversing the judgment awarding James and John Ballew, $1,500 in damages for the permanent injury to their property resulting from an alleged nuisance (City of Frankfort et al. v. Ballew, 287 Ky. 141, 151 S. W. (2d) 1063). On its return to the Circuit Court, the action, which had been in stituted in equity and tried before a jury on an issue out of chancery, was transferred to the common law docket. On the succeeding trial, under instructions which, pursuant to our…