Sandy Valley & Elkhorn Railway Co. v. Hughes

Opinion op the Court by

William Rogers Clay, Commissioner

Granting petition for modification of opinion.

For original opinion, see 172 Ky. 65, 188 S. W. 894

In preparing our original opinion, we overlooked the fact that the defendant withdrew the plea that the contract, by which it agreed to reduce the land from which the earth and stone were taken to the level of the railroad grade and in condition for building purposes, was subsequently rescinded. That being true, no instruction covering this phase of the case should be given on another trial'.

In our original opinion we fixed as the measure of…