Chesapeake & Ohio Railway Co. v. Bank's Admr.

Opinion of the Court by

Judge Turner

Affirming.

This is the second appeal of this case; the opinion of the court on the former appeal will be found in 142 Ky., 746.

The evidence on the last trial was substantially the same as that on the first; no new pleadings have been filed and no question raised which was not either expressly determined on the former appeal, or which might not have been made at Jhat time.

The decedent was 82 years of age at the time of his death, and it is urged that as there was no evidence of earning capacity upon his part the verdict of $1,300 is excessive, and should not…