Deatley's Adm'r v. Phillips

LATIMER, Justice.

This is the second appeal in this case. The opinion reversing the judgment on the first trial is reported in 311 Ky. 698, 225 S.W.2d 296. Upon retrial the jury returned a verdict for appellant in the sum of $1000. The court sustained appellee’s motion to credit this judgment with $1300, the amount of settlement made by the C. and O. Railway Company with appellant.

Appellant is here seeking reversal chiefly on the ground that the trial court erred in so crediting the judgment.

Appellee takes the position that, inasmuch as the credit of $1300 nullifies the judgment, no reason…