(dissenting).
The doctrine of the law of the case which makes an appellate court's decision binding on a subsequent appeal precluding correction of error in the former decision has not been unconditionally embraced or followed by this court. Gamble v. Keyes, 49 S.D. 39, 206 N.W. 477, Dwyer v. Christensen, 77 S.D. 381, 92 N.W.2d 199, and see Anno. 87 A.L.R.2d 271. When the ruling on the former appeal is palpably erroneous it may be corrected on subsequent appeal.. Accordingly, I would reverse for the reasons stated in my former dissenting opinion. See Dakota Block Co. v. Western Casualty & Surety Co., 81 S.D. 213, 219, 132 N.W.2d 826, 830.