Richmond Street Railroad v. Reed

This case is in this court for the second time. The appellee prosecuted the first appeal, and obtained a judgment reversing that of the circuit court, and instructing it to sustain the demurrer to the complaint. Reed v. Richmond Street R. R. Co., 50 Ind. 342.

It is important to determine, at the outset, what questions* were before, and decided by, the court upon the former appeal. It is a settled rule that the decision of the appellate-court upon the question or questions in judgment is conclusive upon such questions throughout all the subsequent stages of the case. What is stated by way of…