P., C., C. & St. L. Ry. Co. v. Austin's Admr.

Opinion of the Court by

Judge O’Rear

Affirming.

The opinion delivered herein on January 24, 1911, reversing the judgment of the circuit court is withdrawn. (See P. C. C. & St. L R. R. Co. v. Austin’s Admr., 142 Ky., 722.)

The .controlling question involved on this appeal is the authentication of the bill of exceptions in the record. The regular judge who presided at the trial died before the bill of exceptions was tendered. The bill,was tendered in court to his successor. Appellee objected ;fco the signature of the bill. The judge thought the objection went alone to the sufficiency of the bill,…