Harlan Gas Coal Company v. Hensley

Opinion of the Court by

Judge Logan

Affirming.

This is the second appeal of this case. The former opinion is reported in 223 Ky. 221, 3 S. W. (2d) 640. The former opinion is the law of the case. The facts are substantially the same, but appellees introduced evidence on this trial tending to make more definite and certain the area from which coal had been taken by appellant.

At the first trial there was a judgment for $3,750. On the second trial there was a verdict for $1,000. The former opinion, by fair inference, held that there was sufficient evidence to take the case to the jury, but it was…