Guzzi v. Delaware & H. Co.
Court of Appeals for the Third Circuit
In Error to the District Court of the United Stales for the Middle District of Pennsylvania; Charles B. Witmer, Judge. Action at law by Teresa Guzzi against the Delaware & Hudson Company. Judgment for defendant, and plaintiff brings error.
1Opinion of the Court
BUFFINGTON, Circuit Judge.
The question here involved is whether a prior case between the same parties involved the same issue as the present one. If such was the fact, it follows that an issue, once tried and judicially determined between the same parties, is finally settled, and cannot be relitigated by either party.
From the pleadings in the present case, it appears that in 1913 Teresa Guzzi, the plaintiff in the’present case, filed a bill in equity against tlie Delaware & Hudson Company, the present defendant, in the court of common pleas of Eackawanna county, Pa. in that bill the plaintiff…
2Cases cited5 opinions
- Commonwealth v. ChathamsSupreme Court of Pennsylvania · 1865
- Jenkins v. ScrantonSupreme Court of Pennsylvania · 1903
- Stearns Co. v. HewesSupreme Court of Pennsylvania · 1917
- Hewes v. MillerSupreme Court of Pennsylvania · 1916
- Guzzi v. Delaware & Hudson Co.Superior Court of Pennsylvania · 1915
3Cited by1 opinion
- Scranton Coal Co. v. Graff Furnace Co.Court of Appeals for the Third Circuit · 1923