Henry v. Lilley

Citations

• 42 Pa. Super. 565
• 1909 Pa. Super. LEXIS 82

Syllabus

<p>Res adjudícala, — Record—Cause of action — Case for jury — Pleading— Trial on merits.</p> <p>1. An action to recover damages for bodily injuries inflicted upon the plaintiff by the defendant’s employees in ejecting her from and tearing down a house she occupied as the defendant’s tenant, is not res adjudicata as a matter of law by reason of a prior, action by the plaintiff against the defendant to recover damages for injuries to furniture and effects caused by the tearing down of a house, where the record of the prior action shows a settlement and discontinuance, and the plaintiff denies the authority of her attorney to make such a settlement; such a case is for the jury.</p> <p>2. After a defendant has pleaded the general issue and gone to trial on the merits, it is too late for him to set up for the first time the pend-ency of a prior action to defeat the action on trial.</p>