Smith v. Feltner

Opinion of the Court by

Judge Perry

Reversing.

This is the second appeal of this case, onr decision rendered in the first being now reported in Smith v. Turner, 248 Ky. 116, 58 S. W. (2d) 258, 88 A. L. R. 87, reference to which is here made both for a full statement of the facts out of which this litigation arose and for an accurate understanding as to just what was the issue determined upon the first appeal, which appellee contends is controlling -of our decision upon this appeal under the law of the- case rule.

The facts disclosed by the record, so far as here material for determining the one…