Davis, Director General v. McKinley

Opinion of the Court by

Judge Dietzman

Affirming on original and' cross appeals.

This is the second appeal of this case. The opinion on the first appeal may be found in 200 Ky. 699, 255 S. W. 523. On that appeal the case was reversed on account of the excessiveness of the damages awarded, and also on account of the error in measuring certain items of that damage. On the return of the case to the circuit court the appellee, plaintiff below, amended his petition, setting up increases in the items of the damage claimed. The case went to trial on essentially the same issues as were presented in the…