Robinson v. Bybee

CLAY, Commissioner.

This is a second appeal in a suit for personal injuries sustained by plaintiff ap-pellee when a truck in which he was riding slipped off a highway being resurfaced by appellant defendant. The facts are fully stated in our former opinion. Robinson v. Bybee, Ky., 271 S.W.2d 873. We there reversed a judgment in favor of plaintiff, with directions to direct a verdict for defendant if the evidence was substantially the same on another-trial. A new trial was had and the jury awarded plaintiff $12,400. On this appeal defendant contends the court again erred in not directing a…