Fluhart Collieries Co. v. Meek

*139Opinion op the Court by

Judge Carroll

Affirming.

This is the second appeal of this case. The opinion on the first appeal may be found in 160 Ky., 127. On the former appeal the court, after stating the facts fully, said that the plaintiff made out a case that entitled him to go to the jury, but the judgment was reversed for errors in the instructions. On a retrial of the case there was again a judgment in favor of the plaintiff, followed by this appeal.

It is urged as a ground for reversal that the plaintiff was permitted to introduce evidence of negligence not covered by the negligence charged in…