Fries v. Pennsylvania Railroad
Supreme Court of Pennsylvania
May 24th 1881. Before Mercur, Gordon, Paxson, Trunkey, Sterrett, and Green, J J. Sharswood, O. J., absent. Error to the Court of Common Pleas of JBlavr cownty: Of May Term 1881,-No. 141. Case, by Samuel I. Pries, trading as the Union Hardware Company, against the Pennsylvania Nailroad Company, to recover damages for certain hardware nmd personal property lost or destroyed while in transit in the cars of the defendant company.
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May 24th 1881. Before Mercur, Gordon, Paxson, Trunkey, Sterrett, and Green, J J. Sharswood, O. J., absent. Error to the Court of Common Pleas of JBlavr cownty: Of May Term 1881,-No. 141. Case, by Samuel I. Pries, trading as the Union Hardware Company, against the Pennsylvania Nailroad Company, to recover damages for certain hardware nmd personal property lost or destroyed while in transit in the cars of the defendant company. The defendant pleaded specially that the plaintiff had brought a former suit for the same cause of action in the Court of Common Pleas of Blair county, to October Term…
1Opinion of the CourtJustice Merour
This contention arises on what effect is to be given to a former judgment between the same parties and for the same cause of action ? In the former case a general verdict was found in favor of the plaintiff, and judgment was entered thereon. On error by the defendant to this court, that judgment was reserved, but a venire facias de novo was refused. This suit was brought in less than one year thereafter, for the same cause of action. The question is, whether the former judgment is a bar to this last action ? The court beiow held it was, and on demurrer to a plea thereof, entered judgment in…
2Cases cited4 opinions
- Mercer v. WatsonSupreme Court of Pennsylvania · 1833
- Gibbs v. BartlettSupreme Court of Pennsylvania · 1841
- Smith v. SharpSupreme Court of Pennsylvania · 1836
- Sterrett v. BullSupreme Court of Pennsylvania · 1808
3Cited by7 opinions
- Spees v. BoggsSupreme Court of Pennsylvania · 1903
- Fry v. National Glass Co.Supreme Court of Pennsylvania · 1908
- Purdy v. ChambersSupreme Court of Oklahoma · 1927
- Ellis v. Agricultural InsuranceSuperior Court of Pennsylvania · 1899
- Livingston v. School BoardSuperior Court of Pennsylvania · 1900
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