Peel v. Bramblett

LATIMER, Justice. This is the second appeal of this case. In the first appeal, 298 Ky. 20, 181 S.W.2d 448, the facts are well stated, and it will be unnecessary to restate them here. $7500 was obtained in the former trial and $3500 in the latter. Appellant is raising many of the same questions here that he raised in the former appeal, in which the judgment was reversed because of excessiveness. There is, however, presented here one entirely new question growing out of the refusal of the court to grant defendant a change of venue. We shall not discuss again those questions which are identical with those raised in the former appeal since they were disposed of in the first opinion and became the law of the case. We shall confine this opinion to the following questions: (1) Whether or not the court erred in overruling defendant's motion for a change of venue; (2) Alleged incompetent evidence, and (3) Whether or not $3500 is excessive.