Wagner v. Egleston

This case was once before in this Court, and the decision upon it is reported in 46 Mich. 610. It has. been retried, and has resulted in verdict and judgment for the defendant, under rulings by the circuit judge in supposed accordance with our decision. The plaintiff brings the case here again, and contends that the facts, as they appeared on the second trial, were so far different from *220those shown on the first, as to make substantially a new and different case, and render our former decision inapplicable. But he contends further, as we understand him, that even on the facts as they before…