Bassett v. Connecticut River Railroad
Massachusetts Supreme Judicial Court
Tort. The declaration, which contained two counts, both alleged to be for the same cause of action, was as follows: “ First Count.
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Tort. The declaration, which contained two counts, both alleged to be for the same cause of action, was as follows: “ First Count. The plaintiff says the defendant is a common carrier, and transported over its road certain goods and chattels belonging to the plaintiff, and agreed to store the same in a reasonably safe warehouse and take reasonable care of the same, and the plaintiff says the defendant did not store the same in a storehouse which was reasonably safe, and did not take reasonable care to guard and protect the same, and by reason of such failure of the defendant to keep its said…
1Opinion of the CourtMorton, C. J.
The principles which govern this case are well stated in Foye v. Patch, 132 Mass. 105, 110: “ A former judgment, if rendered upon the merits, constitutes an absolute bar to a subsequent action for the same cause of action, between the same parties^ The parties are concluded by the judgment, not only upon all the issues which were actually tried, but upon all issues which might have been tried in the former action ; so that a new action for the same cause of action, between the same parties, cannot be maintained or defended on grounds which might have been tried and determined in the former…
2Cases cited3 opinions
- Foye v. PatchMassachusetts Supreme Judicial Court · 1882
- Spaulding v. Inhabitants of ArlingtonMassachusetts Supreme Judicial Court · 1879
- Bassett v. Connecticut River RailroadMassachusetts Supreme Judicial Court · 1887
3Cited by11 opinions
- Mackintosh v. ChambersMassachusetts Supreme Judicial Court · 1934
- Clare v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1898
- Nashua & Lowell Railroad v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1895
- Capaccio v. MerrillMassachusetts Supreme Judicial Court · 1915
- Cotter v. Boston & Northern Street Railway Co.Massachusetts Supreme Judicial Court · 1906
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