Nashville, C. & St. L. Ry. Co. v. Byars

Opinion op the Court by

Judge Ratlipp

Affirming.

This is an appeal from the third trial of this case. Each of the preceding trials resulted in a verdict in favor of the appellee and was appealed from to this court, and each of the verdicts and judgments reversed. The first appeal is reported in 233 Ky. 309, 25 S. W. (2d) 733. The second appeal is reported in 240 Ky. 500, 42 S. W. (2d) 719. The history and facts of the case are recited in the opinions, supra, and it will not he necessary to repeat them in this opinion.

On the first appeal the case was reversed because the verdict was flagrantly…