Fletcher American Co. v. Culbertson

Opinion of the Court by

Judge Logan

Reversing.

This is the second appeal of this case. The former opinion is found in 215 Ky. 695, 286 S. W. 984. The facts are stated in that opinion, which renders it unnecessary to restate them. The first important question confronting us in disposing of this appeal is whether there is anything left open by the former opinion that we can consider. The court concluded the former opinion in this language:

“On the whole case the court should have instructed the jury peremptorily to find for the plaintiff.”

This is the law of this case, regardless of whether the…