Black Star Coal Co. v. Slusher's Administrator

Opinion of the Court by

Drury, Commissioner

Reversing.

On the first appeal of this case (see 217 Ky. 738, 290 S. W. 677), the judgment was reversed for error in the instructions. Upon a retrial of the case, 10 of the jurors agreed upon a verdict eliminating the Louisville & Nashville Railroad Company from responsibility, but finding for Slusher’s administrator a verdict for $10,000 against the Black Star Coal 'Company, and from the judgment entered thereon the Black.Star Coal Company has prosecuted this appeal.

One of the grounds' urged for reversal' is that, as there was evidence showing that…