Hensley v. Davidson Bros.
Supreme Court of Iowa
Appeal from Pollc District Court.— Hon. W. H. McHenry, Judge. Action for damages. The facts are recited in the opinion filed on the first appeal. 103 N. W. 975. A second trial resulted in a verdict for the plaintiff which the court, on its own motion, set aside. From this ruling the plaintiff has appealed.
1Opinion of the CourtLadd, J.
1. Former decision as law or the case. The law of the case was settled on the former appeal (103 N. W. 975) ; and,-whether right or wrong, that ruling in so far as applicable to this ease is a part of the irrevocable past. That adjudication is binding on the parties, and it was the imperative duty of the district court to follow’it. The evidence was substantially the same as that introduced on the former trial; the only differences being that plaintiff testified that she saw the defendant’s team before getting out of the wagon to go to the depot, concerning which no inquiry had been made…
2Cases cited19 opinions
- Meyer v. HouckSupreme Court of Iowa · 1892
- E. O. Stanard Milling Co. v. White Line Central Transit Co.Supreme Court of Missouri · 1894
- Commonwealth v. GaborSupreme Court of Pennsylvania · 1904
- Weber v. KirkendallNebraska Supreme Court · 1895
- Ellis v. GinsburgMassachusetts Supreme Judicial Court · 1895
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3Cited by29 opinions
- City of Tulsa v. HarmanSupreme Court of Oklahoma · 1931
- Lawson v. FordyceSupreme Court of Iowa · 1945
- White v. International Text Book Co.Supreme Court of Iowa · 1912
- Parsons v. First National BankSupreme Court of Iowa · 1947
- De Vall v. De VallOregon Supreme Court · 1911
24 more not listed; retrieve them via the Exa API.