Chesapeake & Ohio Railway Co. v. McCullough

Opinion op the Court by

Judge Dietzman

Reversing.

There have been three trials of this case and this is the second appeal. At the first trial the jury returned a verdict for the plaintiff which was set aside by the trial court. The facts are fully set out in the opinion on the first appeal, which is reported in 230’ Ky. 478, 19- S. W. (2d) 1076. On that appeal a judgment in favor of appellee for $5,000 was reversed upon the ground that it was excessive. At the last trial the jury returned a verdict in favor of appellee for the sum of $10,000, and from the judgment entered thereon this appeal is…