Kerby v. Hiesterman

*491The opinion of the court was delivered by'

Burch, J.:

This appeal is from the retrial of the same case reported in 160 Kan. 566, 164 P. 2d 84. In the first trial the jury’s verdict was for the defendant. Our decision on appeal directed a new trial. In the second trial the jury’s verdict was for the plaintiffs. The original defendant, John Bott, died after the first and before the second trial occurred and the action ivas revived against his administrators. They appeal and assert that the trial court erred in overruling their motion for judgment notwithstanding the verdict and in overruling…