Hartman v. Pittsburg Incline Plane Co.
Superior Court of Pennsylvania
Appeal, No. 2, April T., 1899, by-defendant, from judgment of C. P. No. 3, Allegheny Co., MayT., 1897, No. 216, on verdict for plaintiff. Opinion by Rice, P. J. Trespass for injuries to a dwelling bouse caused by a continued maintenance of defendant’s inclined plane.
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Appeal, No. 2, April T., 1899, by-defendant, from judgment of C. P. No. 3, Allegheny Co., MayT., 1897, No. 216, on verdict for plaintiff. Opinion by Rice, P. J. Trespass for injuries to a dwelling bouse caused by a continued maintenance of defendant’s inclined plane. Before Kennedy, P. J. The original action resulting in a judgment of nonsuit was tried befoie Collies, J., and this judgment was reversed by the Supreme Court as reported in 159 Pa. 442. At a second trial defendant tendered a judgment for the amount of plaintiff’s claim. Subsequently a second action was brought for damages…
1Opinion of the Court
Opinion by
Rice, P. J.,
In an action for the continuance of a nuisance, a verdict and judgment for the plaintiff in a former action in which the same matter was in controversy between the parties, are conclusive evidence, “ for when a court of competent jurisdiction has adjudicated directly upon a particular matter, the same point is not open to inquiry in a subsequent suit for the same cause, and between the same parties : ” Kilheffer v. Herr, 17 S. & R. 319; Bell v. Allegheny Co., 184 Pa. 296, and cases there cited; Hartman v. Incline Plane Co., 2 Pa. Superior Ct. 123. Applying this well…
2Cases cited8 opinions
- Ridley v. Seaboard & Roanoke RailroadSupreme Court of North Carolina · 1896
- Seely v. AldenSupreme Court of Pennsylvania · 1869
- Schwan v. KellySupreme Court of Pennsylvania · 1896
- Aldworth v. City of LynnMassachusetts Supreme Judicial Court · 1891
- Bell v. County of AlleghenySupreme Court of Pennsylvania · 1898
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3Cited by17 opinions
- McConville v. InghamSupreme Court of Pennsylvania · 1920
- Henes v. McGovernSupreme Court of Pennsylvania · 1934
- Kaufmann's EstateSupreme Court of Pennsylvania · 1924
- Donze v. DevlinSupreme Court of Pennsylvania · 1937
- Commonwealth v. FragassaSupreme Court of Pennsylvania · 1923
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