Globe & Rutgers Fire Insurance v. Robbins & Myers Co.

SCOTT, J. Upon a former appeal to this court a judgment in favor of the plaintiff was reversed. No fact of importance was proven upon the second trial that was not before this court on the former appeal. The decision of this court on that appeal, in my opinion, constitutes the law of the case, so far as this court is concerned, and should control our action. The judgment should be affirmed, with costs. FREEDMAN, P. J., concurs.