Electric Bakeries v. Stacey's Adm'r

Opinion of the Court by

Judge Stites

Reversing.

This is the second appeal of this case. Electric Bakeries v. Stacy’s Adm’r, 252 Ky. 20, 66 S. W. (2d) 70. The facts are substantially the same as stated in the previous opinion. Appellee’s decedent was killed while riding in a truck of appellant as the guest of the driver. The truck ran off the road. On the former appeal it was held that the circuit court erred in failing to give a peremptory instruction to the jury to find for the defendant at the close of all of the testimony. On a retrial of the action the plaintiff introduced some additional…