Trosper Coal Co. v. Rader

*798Opinion op the Court by

William Rogers Clay, Commissioner.

Affirming.

This is the second appeal of this case. The opinion on the former appeal may be found in 154 Ky., 671. The first judgment was reversed because of indefiniteness in the proof of damages. On the second trial plaintiff recovered a judgment for $900.00. Defendant appeals.

The defendant made a motion to discharge the jury panel, on the ground that the sheriff, in violation of section 2247, Kentucky Statutes, summoned fifteen bystanders to try the case. The motion was overruled and defendant insists that this was error. The facts on…