Scuddy Mining Company v. Couch

WADDILL, Commissioner.

This is the second appeal of this case. On the first appeal we reversed the judgment on the ground that the circuit court should have sustained appellant’s motion for a directed verdict, and said that if on another trial the evidence should be substantially the same a verdict should be directed for appellant. Scuddy Coal Co., Inc. v. Couch, Ky., 274 S.W.2d 388.

The evidence introduced upon the second trial shows that appellee lived near the top of a hill in a remote section of Perry County known as “School House Hollow.” Appellant had laid mine track along a section of…