New Bell Jellico Coal Co. v. Sowders

Opinion op the Court by

Judge Hurt

Affirming.

This is the second appeal hy the appellant in this case. At the first trial the jury returned a verdict for the appellee, and a judgment was rendered hy the court below upon the verdict against the appellant. The appellant prayed an appeal to this court, and, upon a hearing of that appeal, the judgment below was reversed and the case remanded for a new trial. The judgment of this court upon the former appeal may he found in 154 Ky., 101, to which reference is made for a statement of the facts of the case.

On the former trial, as it appears from the…