Louisville Gas Co. v. Kentucky Heating Co.

Opinion op the Court by

Judge Nunn

Reversing.

This -is the second appeal of this case. The opinion on the former appeal is in 132 Ky., 435. The case was reversed upon- the former appeal because of errors in the admission of evidence and in the instructions. The judgment appealed from in that case was for $60,000. Upon the last trial a judgment for $75,000 was returned in favor of appellee, and the gas company and its associate defendants appeal.

Upon the last trial a controversy arose as to how far defendants were concluded by the judgment in the equity suit of the Louisville Gas Company v.…