Commonwealth Life Ins. Co. v. Caudill's Adm'r

Opinion of the Court by

Creal, Commissioner

Affirming.

This is the second appeal of this case, the opinion on the former appeal being found in 266 Ky. 581, 99 S. W. (2d) 745. As will be noted in that opinion appellant made a motion for continuance on the ground of surprise and in order that it might produce certain evidence of which it had learned after the case had been called for trial. One of these items of eviden.ce was a letter under date of January 8, 1925, written to an officer of the Louisville & Nashville Railway Company of which Watson E. Caudill had been an employee, and mailed at…