Wood v. Pynetree Paper Co.

(After stating the foregoing facts.) We are of the opinion that the petition fails to set forth a cause of action. Our decision, which is quoted above, has fixed the .law of the case. While the question then presented was one of' the sufficiency of the evidence, and that now presented deals with the sufficiency of the pleadings, yet the principle then announced will be controlling at this time in so far as the same may be applicable to the ease as pleaded. It may be well to observe that in considering whether there is evidence to warrant a verdict, the evidence will be construed most…