149 Ky. 582 | Ky. Ct. App. | 1912
Opinion op the Court by
Affirming.
This is the second appeal. The former opinion is found in 142 Ky., 814. The facts are fully set forth there. Upon the return of the case to the lower court, a second trial was had, with the result that plaintiff recovered a verdict and judgment for $250.00, and defendant again appeals, seeking a reversal here solely upon the ground that the verdict is against the weight of the evidence. .
Upon the former appeal, a reversal was had, not because the verdict was against the weight of the evidence, but because the case had been tried out upon a false issue, although it is true, in that opinion, we said: “The weight of the evidence is against the contention of appellee that he was thrown or shoved from the steps.” The same might be said of the evidence that was offered upon the last trial. We do not reverse the finding of a
Judgment affirmed.