Louisville & N. R. Co. v. Howe

MOREMEN, Justice.

The opinion in the first appeal of this case is reported in 243 S.W.2d 905, 908, and there may be found a statement of facts. The evidence adduced at the second trial was substantially the same as that introduced at the first.

We believed, on the original appeal, that a number of errors had been committed, among which was the submission of the case to the jury under a defective instruction. This instruction had given the jury the right to apply an identical yardstick for measurement of damages to real estate improvements which were destroyed and improvements of a like nature…