Thuis v. City of Vincennes

Decision Date26 April 1905
Docket NumberNo. 5,023.,5,023.
Citation73 N.E. 1098,35 Ind.App. 350
PartiesTHUIS v. CITY OF VINCENNES.
CourtIndiana Appellate Court
OPINION TEXT STARTS HERE

On rehearing. Affirmed.

For former opinion, see 73 N. E. 141.

COMSTOCK, C. J.

This is the second appeal in this cause. The first is reported in 28 Ind. App. 523, 63 N. E. 315, where a statement of the complaint is made, making its repetition here unnecessary. Under the former appeal, the court, after reviewing the evidence, without passing upon other alleged errors, held that, upon the facts disclosed by the record, the appellee could not recover. In the present appeal it is contended that the evidence of the two trials is without material difference, and that the former decision of this court became and must remain the law of the case, and must be applied to all its stages. The rule referred to is so generally recognized that we cite no authorities in its support. Of course, the decision upon the former appeal will control only as to the facts upon which it was based. We know of no substantial change in the testimony upon the two trials. None is pointed out, and it only remains to apply the law of the case as announced in 28 Ind. App., 63 N. E., supra, to the facts, unchanged as they appear of record, and affirm the judgment.

Judgment affirmed.

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