Safeway Stores, Inc. v. Fuller

This is the second appeal of this cause before this court. See Safeway Stores, Inc., v. Fuller, 189 Okla. 556, 118 P. 2d 649. Therein we reversed the judgment of the trial court in favor of plaintiff for the reason that plaintiff failed to prove primary negligence on the part of defendant. Upon retrial on the same pleadings plaintiff again prevailed, and defendant has appealed. We have made a close examination of the record and find the testimony substantially the same as in the former appeal.

It is the well-settled law of this state that where the facts, on a second appeal, are substantially…