Griffin v. Milwaukee Electric Railway & Light Co.

Prior to the action commenced in the civil court the plaintiff had prosecuted an action against the defendant in the circuit court for Racine county to recover damages for injuries to a truck and for personal injuries. In such action the court directed a nonsuit and judgment was thereupon entered accordingly, and the plaintiff then appealed to this court, where such judgment was affirmed by a divided court. Griffin v. Milwaukee E. R. & L. Co. 176 Wis. 179, 185 N. W. 639.

It is first argued by the defendant that the decision of this court on the former appeal establishes the law of the case,…