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

Opinion of the Court by

Chief Justice Mtut/bir.

Affirming.

This is the second appeal in this case. The first appeal was from a judgment awarding the plaintiff, Wheeler, $10,000.00 damages for personal injuries. That judgment was reversed upon the ground that the trial court had erred in refusing to peremptorily instruct the jury to find for the defendant. C. N. O. & T. P. Ry. Co. v. Wheeler, 160 Ky. 215.

In the former opinion the facts were set forth in detail, and the reasons for the ruling of the court in reversing the first judgment were fully stated.

It is therefore unnecessary to again recite…