Wheeler v. City of Aberdeen

Citations

• 47 Wash. 405
• 92 P. 135
• 1907 Wash. LEXIS 776

Syllabus

<p>Appeal—Decision—Reversal—Scope op New Trial. An objection tbat a complaint does not state a cause of action cannot be first raised by objection to any testimony at tbe secondotrial of tbe case, after a reversal by tbe supreme court of tbe first judgment, entered under tbe same complaint.</p> <p>Same—Law of Case. Where, on a former appeal by a city, tbe supreme court reversed tbe case for error at tbe trial, bolding tbat tbe city was liable for unnecessarily destroying property, and-awarded a new trial to determine tbat question, tbe decision becomes tbe law of tbe case; and tbe objection cannot be raised tbat the city was not liable for acts done in the exercise of a governmental function, there having been no attempt to correct the former decision on that question, which was raised in the briefs on the former appeal.</p>