PER CURIAM.
This appeal was heard on the record, briefs and oral argument of counsel for respective parties;
And the Court being of the opinion that the Trial Judge was not in error in the construction which he gave to Section 372.040, Kentucky Revised Statutes, upon which appellee's cause of action was based; and
That the Trial Judge was not in error in refusing to give an instruction to the jury upon the defense alleged in the sixth defense of the...
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