Missouri Pacific Railroad v. Hancock & Buchanan

This is the second appeal of these cases, the opinion on the first appeal being’ reported in 187 Ark. 1007, 63 S. W. 2d 973. I am concurring in the majority holding solely on the ground that the law as announced on the first appeal is the law of the case on the second appeal. Since on the first appeal it was held to be a jury question as to whether or not the railroad company is liable, we must still hold under the same, or substantially the same, evidence that the question of liability was one for the jury. The jury having found for appellees, undei’ucorrect instructions, not questioned…