Manwaring v. Geisler

Opinion of the Court by

Turner, Commissioner — '

Reversing.

This is the second appeal in- this case (Manwaring v. Geisler, 191 Ky. 532).

In the former opinion the court pointed out that the-petition charged specific acts of negligence, enumerating-them, and held that no one of them was sustained by the-evidence, and no one of them stated facts constituting such negligence as authorized an instruction on the “last clear chance” theory. The court also held that if the-pleadings had authorized it such an instruction on the last clear chance doctrine would have been justified by the evidence, and…