See v. Leidecker

Opinion op the Court by

Judge Miller

Affirming.

This is the second appeal of this action. Upon the first appeal, which is reported in 142 Ky., 752, we held the petition as amended stated a cause of action, and reversed the action for further proceedings.

Upon the return of the ease an answer was filed, which traversed the allegations of the petition, and interposed a plea of contributory negligence upon the part of the plaintiff. A trial was had, and at the end of appellant’s proof, the court sustained appellee’s motion to peremptorily instruct the jury to find for the defendant; and, from a…