Hartman v. Pittsburg Inclined Plane Co.
Superior Court of Pennsylvania
Appeal, No. 6, April T., 1903, by defendant, from judgment of C. P. No. 3, Allegheny Co., Feb. T., 1900, No. 355, on verdict for plaintiff in case of Marianne Hartman v. Pittsburg Inclined Plane Company. Trespass for a continuing nuisance. Before McClung, J. See Hartman v. Incline Plane Co., 159 Pa. 442, Hartman v. Incline Plane Co., 2 Pa. Superior Ct. 123, and Hartman y. Incline Plane Co., 11 Pa.
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Appeal, No. 6, April T., 1903, by defendant, from judgment of C. P. No. 3, Allegheny Co., Feb. T., 1900, No. 355, on verdict for plaintiff in case of Marianne Hartman v. Pittsburg Inclined Plane Company. Trespass for a continuing nuisance. Before McClung, J. See Hartman v. Incline Plane Co., 159 Pa. 442, Hartman v. Incline Plane Co., 2 Pa. Superior Ct. 123, and Hartman y. Incline Plane Co., 11 Pa. Superior Ct. 438. At the trial the court admitted under objection and exceptions the records of previous suits between the same parties as to the abutment, the maintenance of which was the alleged…
1Opinion of the Court
Opinion by
Rice, P. J.,
It is claimed that the records of the judgments in the former suits were not admissible in evidence, unless accompanied by proof aliunde of the facts found by the jury on those trials. It might be true that the judgments would not be conclusive, per se, upon any of the questions in issue upon this trial, if there were any uncertainty as to the grounds of recovery in the former suits. The law upon this subject was clearly stated by Justice Field, as follows: “ It is undoubtedly settled law that a judgment of a court of competent jurisdiction, upon a question directly…
2Cases cited13 opinions
- Russell v. PlaceSupreme Court of the United States · 1877
- Coleman's AppealSupreme Court of Pennsylvania · 1869
- Hexter v. BastSupreme Court of Pennsylvania · 1889
- Follansbee v. WalkerSupreme Court of Pennsylvania · 1873
- Hartman v. Pittsburgh Incline Plane Co.Supreme Court of Pennsylvania · 1894
8 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Steel v. LevySupreme Court of Pennsylvania · 1925
- Vondersmith v. UrbanSuperior Court of Pennsylvania · 1932
- Sebree v. Huntingdon Water Supply Co.Superior Court of Pennsylvania · 1919
- Parks v. Penna. Clay Co.Superior Court of Pennsylvania · 1915
- Murphy v. MatthewsSuperior Court of Pennsylvania · 1910
1 more not listed; retrieve them via the Exa API.