WOOTTON v. DIXON


228 S.W.2d 428 (1950)

312 Ky. 521

WOOTTON v. DIXON.

Court of Appeals of Kentucky.

Rehearing Denied April 25, 1950.


Attorney(s) appearing for the Case

Napier & Napier, Hazard, Faulkner & Faulkner, Hazard, D. B. Wootton, Hazard, for appellant.

C. A. Noble, Hazard, for appellee.


LATIMER, Judge.

This action makes its second appearance here. In the first appeal we concluded the court below erred in sustaining defendant's motion for peremptory instruction, and the cause was reversed for proceedings consistent therewith.

On retrial of the case, apparently the evidence was substantially the same as introduced on the former trial. Dixon v. Wootton, 307 Ky. 338, 210 S.W.2d 967, 969. There is this exception. There is more evidence in this...

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