Pinnix v. . Griffin

The decision by the Supreme Court on a prior appeal reversing the judgment of nonsuit constitutes the law of the case both in subsequent proceedings in the trial court and on a subsequent appeal. Templeton v. Kelley, 216 N. C., 487, 5 S. E. (2d), 555; Robinson v. McAlhaney, 216 N. C., 674, 6 S. E. (2d), 517; Wall v. Asheville, 220 N. C., 38. As defendant concedes that plaintiff’s evidence on the second trial was substantially the same as on the first trial its motion to dismiss as of nonsuit was properly overruled. We will not review on a second appeal questions which were discussed and…