Hydrick v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Arkansas
Appeal from Cross Circuit Court; W. J. Driver, Judge; 1. Appellant is not estopped by the former judgment. The question ns to loss of time and diminished earning power was not adjudicated in the former suit, and hence is not res judicata. 66 Ark. 343; 96 Id. 89; 97 Id. 456; 62 Id. 76; 2 Black on Judg., § 609, p. 925; Wells Rep.
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Appeal from Cross Circuit Court; W. J. Driver, Judge; 1. Appellant is not estopped by the former judgment. The question ns to loss of time and diminished earning power was not adjudicated in the former suit, and hence is not res judicata. 66 Ark. 343; 96 Id. 89; 97 Id. 456; 62 Id. 76; 2 Black on Judg., § 609, p. 925; Wells Rep. Adj., § 14, p. 18; 66 Ala. 345; 86 N. W. 317; 35 So. 306; 29 Id. 847; 86 S. W. 47. 2. A point or question is not concluded by a judgment, although it was involved in the action, if it was withdrawn, abandoned or stricken out on motion. 11 Ark. 666; 4 So. 554. No…
1Opinion of the CourtHart, J.
On the 31st day of October, 1914,1. P. Hydrick instituted this ¡action against the St. Louis, Iron Mountain & Southern Railway Company to recover damages for personal injuries alleged to have been sustained by him while alighting from one of defendant’s passenger trains in consequence of the alleged negligence of the defendant.
The defendant interposed the plea of res judicata upon the following facts: On the 17th day of May, 1912, Hydrick was a passenger on one of defendant’s passenger trains from Newport to Swifton. After the train stopped at Swifton, it was suddenly jerked forward with…
2Cases cited3 opinions
- City of North Vernon v. VoeglerIndiana Supreme Court · 1885
- Foss v. WhitehouseSupreme Judicial Court of Maine · 1901
- St. Louis, Iron Mountain & Southern Railway Co. v. HydrickSupreme Court of Arkansas · 1913
3Cited by4 opinions
- Vasu v. Kohlers, Inc.Ohio Supreme Court · 1945
- Barth v. Liberty Mutual Insurance CompanySupreme Court of Arkansas · 1948
- Eklund v. EvansSupreme Court of Minnesota · 1941
- Hawkins v. HawkinsSupreme Court of Arkansas · 1940