Pullman Co. v. Hall

PARKER, Circuit Judge.

This is the second appeal in this ease. The evidence on the second trial was practically the same as that on the first, and, as same is fully set forth in our first opinion, it need not he repeated here. See 46 P. (2d) 399. Upon the second trial there was verdict and judgment for the plaintiff for the sum of $7,509, and defendant has appealed. All of the assignments of error, except three, relate to discretionary matters which are not likely to arise upon- a retrial of the case, and consequently need not be considered. Three assignments, however, merit consideration.…