C. & O. R. R. v. Equitable Trust Co.

Opinion op the Court by

Judge Robinson

Reversing.

This is a second appeal of this case, the first opinion being reported in 197 Ky. 139, 246 S. W. 117.

Upon the first trial the lower court peremptorily instructed the jury to return a verdict for the O. & O. R. R. Company, the appellant herein. This judgment, however, was reversed by this court and upon a retrial of the cause the jury returned a verdict in favor of appellee in the sum of $25,000.00, from which verdict this appeal is prosecuted.

The evidence introduced at the second trial was practically the same as that heard upon the first except…