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LOUISVILLE & N. R. CO. v. HOWE

255 S.W.2d 979 (1953)

LOUISVILLE & N. R. CO. v. HOWE et al.

Court of Appeals of Kentucky.

March 6, 1953.

Attorney(s) appearing for the Case

C. S. Landrum and C. E. Rice, Jr., Lexington, Fennel & Tucker, Cynthiana, for appellant.

Sawyer Smith, Covington, for appellees.

MOREMEN, Justice.

The opinion in the first appeal of this case is reported in 243 S.W.2d 905, 908, and there may be found a statement of facts. The evidence adduced at the second trial was substantially the same as that introduced at the first.

We believed, on the original appeal, that a number of errors had been committed, among which was the submission of the case to the jury under a defective instruction. This instruction...

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