Western Union Telegraph Co. v. Sutton

Opinion of the Court by

Judge Hobson

Affirming.

On the first trial of this case .the circuit court instructed the jury peremptorily to find for the defendant. The plaintiff appealed, and on the appeal it was held that the court erred in instructing the jury peremptorily to find for the defendant, and the judgment was reversed. Sutton v. Western Union Telegraph Co., 129 Ky. 166. On the return of the case to the circuit court it was tried again, this trial resulting in a verdict and judgment in favor of the plaintiff for $700.00. The defendant appeals.

[The evidence on the second trial is…