Eureka Oil Company v. Mooney

This is the second appeal of this case, a statement of which can be found in the report of opinion on first appeal in 168 Ark. 479, 271 S. W. 321, which is the law of the case, of course, and will control here, the facts on this trial being substantially the same as on the former appeal. Wisconsin-Arkansas Lumber Co. v. Scott, 153 Ark. 65, 239 S. W. 391; Henry Wrape Co. v. Barrentine, 138 Ark. 267, 211 S. W. 366.

The court, in reversing the fiase, relative to an erroneous instruction on■ assumed risk, said: “It is true deceased had only been employed one day, but the danger from the work —…