Fowler v. Borough of Jersey Shore

Citations

• 17 Pa. Super. 366
• 1901 Pa. Super. LEXIS 322

Syllabus

<p>Actions — Liability over — Scope of judgment.</p> <p>When a person is responsible over to another either by operation of law or by express contract, and notice has been given him of the pending of the suit with the request that he take upon himself the defense of it, he is no longer regarded as a stranger to the judgment that may be recovered because he has the right to appear and to defend the action equally as if he were a party to the record. When notice is thus given, the judgment, if obtained without fraud or collusion, will be conclusive against him whether he had appeared or not. Such judgment cannot be extended beyond the points and issues necessarily determined by it, nor is the person who is responsible over, precluded from setting up any defense which, from the nature of the action or the pleadings, he could not have interposed in the first litigation had lie been' a formal party to it.</p> <p>Negligence — Boroughs—Defect in highway — Liability over — Actions— Judgment.</p> <p>A judgment recovered against a municipal corporation for injuries caused by a defect or obstruction in the highway is conclusive evidence of its necessary facts and conditions if a subsequent action be brought by the municipality against a third person. In such a case the judgment against the municipal corporation is conclusive evidence of the existence of the defect in the highway, the injury to the individual while exercising due care, and of the amount of the damages.</p> <p>Where an action has been brought against a borough to recover damages for personal injuries sustained by reason of a defect in a highway, and the owner of the abutting premises has been notified of the action, and has appeared and defended the suit, he has a right to appeal from a judgment against the borough and this right is not defeated by the action of the borough in paying and satisfying the judgment. *</p> <p>Negligence — Borough—Defect in highway — Notice—Evidence.</p> <p>The duty of the municipalit