Hartman v. Pittsburg Incline Plane Co.

Citations

• 2 Pa. Super. 123
• 1896 Pa. Super. LEXIS 23

Syllabus

<p>Evidence — Res adjudícala — Record of former trial.</p> <p>The rule that what has been judicially determined shall not again be made the subject of controversy extends to every question in proceedings which are legally cognizable.</p> <p>The. fact that a certain structure had been so erected as to be a nuisance having been established by a former trial, in a suit for damages arising from the continued maintenance of the structure, the record of the former trial is admissible and conclusive as to the negligent and faulty structure, and the action of the court in the second trial was proper in withdrawing that fact from the consideration of the jury.</p> <p>Practice, O. P. — Trial—Gonclusiveness of facts found by prior trial.</p> <p>The action of the court in a second trial as to the conclusiveness of facts found in a prior trial between the parties is to be governed by the facts as submitted to and-found by the jury and not by the claims contained in the statement.</p>