Berg v. Third Avenue Railroad

The plaintiff brought this action to recover damages resulting from the loss of his wife’s services, occasioned by an injury sustained by her by reason of the defendant’s negligence. Upon the trial a judgment roll in an action brought by the wife against defendant, in which she recovered damages for the same injury, was, upon authority of Anderson v. Third Ave. RR., 9 Daly, 487, and against the defendant’s objection and exception, received in evidence as conclusively establishing that the wife had been injured through the defendant’s negligence. A former adjudication is binding upon parties…