West Kentucky Coal Co. v. Smithers

Opinion op the Court by

Judge Hurt

Affirming.

This is the second 'appeal from judgments, in this action. The opinion of this court upon the former appeal may be found in 184 Ky. 211, and, also, in that opinion may be found a statement of the facts out of which the action grew, and which are the basis of the appellee’s claim for damages. After the cause was remanded to the trial court, another trial was had which resulted in a verdict for the appellee, as upon the first trial, and a judgment of the court, accordingly. The appellant now insists upon a reversal of the judgment upon the sole ground,…