Wootton v. Dixon

Judge Latimer.

Reversing.

This action makes its second appearance here. In the first appeal we concluded the court below erred in sustaining defendant’s motion for peremptory instruction, and the cause was reversed for proceedings consistent therewith.

On retrial of the case, apparently the evidence was substantially the same as introduced on the former trial. Dixon v. Wootton, 307 Ky. 338, 210 S. W. 2d 967, 969. There is this exception. There is more evidence in this case of drinking and drunkenness. The points as-set *522out in appellant’s brief are somewhat muddled, and it is a bit difficult, in…