Stoll Oil Refining Co. v. Pierce

MOREMEN, Judge.

This is a motion for appeal pursuant to RCA 1.180, from a judgment entered by the Green Circuit Court. It is the second appearance of this case on our docket. In the first opinion (Stoll Oil Refining Company v. Pierce, Ky., 337 S.W.2d 263, 266) we held that:

“Nominal damages are all the plaintiff was entitled to recover. The court should have so instructed the jury. Upon the return of the case, the court will award nominal damages to the plaintiff.”

On return, both parties moved that the court enter a judgment pursuant to the opinion and mandate.

The court entered a judgment in…