City of Girard v. Girard Egg Corp.

The City of Girard brought an action for violation of ordinances and to enjoin a public nuisance. After hearing, defendant was perpetually enjoined from operating its business within the City of Girard. This appeal followed.

The defendant, Girard Egg Corporation, had previously successfully defended a criminal charge of maintaining a public nuisance. It contends that the finding of not guilty in the criminal case is determinative of this case under the doctrine of res ad judicata. The difference in the quantum of proof required in criminal and civil cases is sufficient answer to the claim of…