McDonald v. Hygienic Ice & Refrigerating Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, J oseph. McDonald, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the . county of Albany on the 1st day of June, 1911, upon the dismissal of the complaint by direction of the court after a trial at the Albany Trial Term. The action was brought to recover for personal injuries sustained by the plaintiff while in the employ of the defendant.
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Appeal by the plaintiff, J oseph. McDonald, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the . county of Albany on the 1st day of June, 1911, upon the dismissal of the complaint by direction of the court after a trial at the Albany Trial Term. The action was brought to recover for personal injuries sustained by the plaintiff while in the employ of the defendant. Upon the trial the defendant introduced .in evidence the original docket of the justice of the City Court of Albany by which it appeared that on the 12th day of November, 1910'…
1Opinion of the Court
Sewell, J.:
We are of the opinion that the trial court erred in holding that the judgment in question is a bar to a litigation of the question in this action. ■ It is well settled that it is not sufficient for a party who sets up a prior judgment as a bar or seeks *541to introduce it as conclusive evidence to produce a record showing a judicial determination of the questions litigated. He must further show that the judgment was rendered upon the merits. (Genet v. Delaware & Hudson Canal Co., 170 N. Y. 278; Rudd v. Cornell, 171 id. 114.)
In such a case it is necessary that the ground upon which the…
2Cases cited4 opinions
- Lewis v. Ocean Navigation & Pier Co.New York Court of Appeals · 1891
- Stowell v. . ChamberlainNew York Court of Appeals · 1875
- Clark v. . ScovillNew York Court of Appeals · 1910
- Genet v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1902
3Cited by5 opinions
- Rusciano & Son Corp. v. MihalyfiNew York Supreme Court · 1938
- Nudelman v. Borden's Condensed Milk Co.Appellate Terms of the Supreme Court of New York · 1912
- Bliss v. Omnibus Corp.New York Supreme Court · 1938
- Grattan v. Societa Per Azzioni Cotonificio CantoniDistrict Court, S.D. New York · 1957
- LaPlante v. JohnsonNew York County Court, Schoharie County · 1937