Fields v. Philadelphia Rapid Transit Co.

Citations

• 273 Pa. 282
• 117 A. 59
• 1922 Pa. LEXIS 566

Syllabus

<p>Negligence — Cause of action — Separate suit for loss or damage to property and for personal injuries — Bes adjudícala — Pleadings.</p> <p>1. The cause of action in Pennsylvania in an action of trespass for negligence, is the negligent act or acts which occasioned the injury.</p> <p>2. A single claim arising either in contract or tort, cannot be divided, and made the subject of several suits, and if actions are brought for different parts of a single demand, a judgment on the merits in one is available as a bar to the other.</p> <p>3. Where an action has been brought and a judgment recovered for damages for injuries to a horse, wagon and harness due to the negligent act of another, a second suit cannot be brought for per* sonal injuries to the plaintiff sustained by the same negligent act of the defendant.</p> <p>4. In such case a nonsuit may be entered in the second suit, although the claim of res adjudicata was not expressly made in the pleadings filed.</p> <p>5. Such defense cannot be raised by affidavit of defense, statutory demurrer or special plea, and the action being in trespass, it is not necessary under the Act of 1915 to set it forth by affidavit of defense.</p> <p>6. It was proper for the court below to permit the former recovery to be shown at the trial and to enter a nonsuit,</p> <p>7. It was immaterial that the first suit was brought in a court of limited jurisdiction.</p>