Cincinnati, New Orleans & Texas Pacific Railway Co. v. McWhorter

Opinion of the Court by

Drury, Commissioner

Reversing.

The appellee recovered a judgment against appellant for $25,000.00, which it is asking us to reverse. This is the second appeal of this case. .The opinion on the former appeal is in 203 Ky. 252, 262 S. W. 253, and a reference to it will give the facts out of which this litigation arose better than we can give them now, so we shall at once begin the consideration of those actions of the trial court which appellant contends are erroneous.

As the evidence on this trial was almost identically the same as on the former trial, the defendant’s…