Ashby ex rel. Robinson v. Marsh

DAVIS, Commissioner.

This is a second appeal in the same litigation; the opinion in the first appeal is found in Marsh v. Ashby, Ky., 381 S.W.2d 628. Reference is had to the first opinion for a fuli statement of the facts at issue. It is to be observed that we wrote in the first opinion: “In this case there does not appear to be any probative evidence that the insurer arbitrarily withheld its consent to the destruction of the animal.”

Pursuant to the remand for new trial additional evidence was presented in behalf of appellant, and submitted to the trial judge without the intervention of a…