Gossett v. Kentucky Wagon Manufacturing Co.

Opinion op the Court by

Chiep Justice Hobson

Affirming.

The facts of this case are fully set ont in the opinion delivered on the former appeal. (See Ky. Wagon Mfg. Co. v. Gossett, 142 Ky. 842.) On that appeal it was held that under the evidence the court should have peremptorily instructed the jury to find for the defendant, and the judgment was reversed for the failure of the court to so instruct the jury. On the return of the case to the .circuit court, it was tried again, and at the conclusion of the plaintiff’s evidence the circuit court instructed the jury peremptorily to find for the…