Davis v. Bennett's Adm'r

Opinion of the Court by

Sims, Commissioner

Eeversing.

This is a second appeal of this case and as the facts .are fully stated in the first opinion reported in 279 Ky. 799, 132 S. W. (2d) 334, they will not he repeated except insofar as the evidence on the trial from which this appeal is taken differs from that introduced on the first ■trial. The judgment appealed from is for the same amount as was entered on the first trial, $4,000.

A reference to the former opinion will show the .judgment was reversed because the verdict was flagrantly against the evidence on the question of whether or. not…