Wallis v. Illinois Cent. R. Co.

Opinion op the Court by

Morris, Commissioner

Affirming.

On the first appearance of this case on appeal, we reversed the judgment which gave peremptory instrne tion in favor of the railroad company, and Hunt the foreman. Wallis v. Illinois Cent. Railroad Co. et al., 276 Ky. 436, 124 S. W. (2d) 481. On a second trial the jury awarded appellant $4,500 for his injury. We reversed because the court had failed to give an instruction offered by defendants, submitting the question of assumption of risk by Wallis, incident to his employment, including the risk of being burned by sparks from the ordinary…