McElroy v. Filby

Opinion by

Porter, J.,

This is 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, were properly averred in the statement of plaintiff in the present case and offered in evidence at the trial. The trial of the present action in the court below resulted in a verdict and judgment in favor of the defendant, and the plaintiff appeals.

The plaintiff and the defendant are the owners and in possession of adjoining properties in the Borough of Marietta and the statement in the present…