A. R. Harper Piano Co. v. Seaboard Air Line Railway

Citations

• 65 Fla. 490
• 62 So. 482

Syllabus

<p>1. All the points adjudicated by an appellate court upon a writ of error or an appeal become the law of the case, and are no longer open for discussion or consideration.</p> <p>2. Where the appellate court has held upon a writ of error in an action against a railroad company based upon its liability as a common carrier that the testimony failed to show the relation of a carrier and shipper, this becomes the law of the case and, upon a subsequent trial, where the pleadings have not been amended and the issues remain the same and the testimony adduced by the plaintiff is mostly of a cumulative nature, and the evidence, taken as an entirety, failed to show ■ any liability upon the part of the defendant as a common carrier, the trial court properly directed the jury to return a verdict in favor of the defendant.</p>