Bauer

Judgment went for the defendant in this action, from which judgment and the denial of a motion for a new trial the plaintiffs appeal. As no appeal lies from the denial of a motion for new trial, that portion of the appeal may stand dismissed without further consideration.

This action was prosecuted by the plaintiffs in the trial court to secure a judgment against the defendant for and on account of damages to a certain hay crop belonging to the plaintiffs, having been caused by the negligence and wrongful acts of the defendant; and also, exemplary damages are prayed for upon the ground that the defendant’s actions were not only illegal and oppressive, but were the result of wanton and careless disregard of the plaintiffs’ rights in the premises.

The record shows that the cause now pending before us is a second action covering in most particulars the facts and circumstances involved in a preceding action numbered 11355, add will hereafter be referred to as action 11355. The judgment in action numbered 11355 went in favor of the defendant, and is pleaded by the defendant in this action both as an estoppel and as a bar to the right of the plaintiffs to recover in this action.

The…