Cumberland Railroad v. Girdner

Opinion op the Court by

Judge Thomas

Affirming.

This is the second appeal of this case, the first opinion being reported in. 174 Ky. 763, where the facts out of which the litigation grew, as well as the contentions of the respective parties, are clearly and fully stated. Upon the trial then under review there was a verdict followed by a judgment in favor of plaintiff for the sum of $2,000.00, which was reversed upon the ground that (a) tiie court overruled defendant’s motion to exclude from the jury all of the testimony given by the plaintiff, John Frank Girdner, who, at the time he testified on…