LOUISVILLE & NASHVILLE RAILROAD CO. v. MATTINGLY


339 S.W.2d 155 (1960)

LOUISVILLE & NASHVILLE RAILROAD COMPANY, Inc., Appellant, v. Spencer MATTINGLY, Appellee.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing November 4, 1960.


Attorney(s) appearing for the Case

John A. Fulton, Woodward, Hobson & Fulton, Louisville, for appellant.

Vincent J. Hargadon, Hargadon, Hargadon & Bennett, Louisville, for appellee.


PALMORE, Judge.

This is the second appeal in a personal injury action brought by the appellee. Spencer Mattingly, against the appellant, Louisville and Nashville Railroad Company. The first trial, in March of 1956, resulted in a jury verdict and judgment for plaintiff in the amount of $20,000, which this court reversed as being excessive under the evidence presented. The second trial, in May of 1959, was on the sole question...

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