41 P.2d 850 | Okla. | 1935
This is an original action to review the award of the Industrial Commission, and the second time this case has reached this court. On October 17, 1933, the opinion was filed (Amerada Petroleum Corp. v. Elliff,
A careful examination of this record discloses no new or additional facts since this court promulgated the former opinion, and It is the well-settled law of this state that where, the facts, on a second appeal, are practically the same as on the first appeal the decision of the first appeal is the "law of case." in all its subsequent stages and will not be reviewed on the second appeal. Harp v. First Nat. Bank of Anadarko,
Clearly, there is no evidence to sustain the finding and award of the Industrial Commission in the instant case, and since the record does not disclose any further or additional facts not disclosed in the former appeal, the law laid down in the former appeal must govern here. The award is, therefore, vacated and set aside.
McNEILL, C. J., OSBORN, V. C. J., and BAYLESS and CORN, JJ., concur.