Keiffer v. Louisville & Nashville Railroad

Opinion of the Court by

Judge Lassing

Affirming.

*384This is the second appeal of this case. The opinion on the former appeal is found in 132 Ky., 419. It was there held that the trial judge should have peremptorily instructed the jury to find for the defendant, as, under the state of facts proven, plaintiff failed to make out a case. The facts are fully stated in that opinion.

Upon the last trial the evidence as to how the collision occurred was practically the same as upon the former trial, and at the conclusion thereof the court instruct ed the jury to find for the defendant, which was done.…