Wise v. Kentucky Home Mutual Life Insurance Co.

WILLIAMS, Chief Justice.

This is the second appeal taken in this case. On the first appeal the judgment of the Jefferson Circuit Court was reversed on the ground an erroneous instruction was given to the jury. Kentucky Home Mutual Life Ins. Co. v. Wise, Ky., 364 S.W.2d 338 (1963). Upon a second trial a jury re*574turned a verdict disallowing recovery by appellant John E. Wise. From the judgment entered on that verdict this appeal is taken.

The facts were adequately stated in the first opinion and will be only briefly summarized here. Wise alleged he was injured when an elevator in the Kentucky Home…