McGunnegle v. Pittsburgh & Lake Erie R. R.

Citations

• 269 Pa. 404
• 112 A. 553
• 1921 Pa. LEXIS 577

Syllabus

<p>Res adjudicata — Condemnation proceedings — Boundaries of land taken — Bond—Error in charge — Failure to appeal.</p> <p>1. A judgment entered is conclusive not only as to matters directly litigated and decided, but as to all matters of recovery and defense that might have been presented and decided.</p> <p>2. This is true though a party was injured by failure of the court to consider all cognizable matters, either through mistake or legal error, if the party injured failed to appeal from the judgment.</p> <p>3. Where a railroad company, at the trial in condemnation proceedings, is not permitted to withdraw a portion of the land degcribed in the bond, but the court charges the jury not to consider the land sought to be withdrawn, and plaintiff fails to appeal from the judgment, he cannot thereafter in an action by him against the railroad company for trespass on the land sought to have been withdrawn, claim that the judgment was not res adjudicata, on the ground that the charge in the first trial was erroneous.</p> <p>4. Where a railroad company has entered a bond in condemnation proceedings, it cannot, thereafter, without the consent of the landowner, decrease the amount of the recovery by abandoning the whole or any part of the property condemned.</p> <p>5. On the trial of an issue in condemnation proceedings, the re- ■ fusal to admit in evidence the statement of claim offered to show plaintiff’s ownership, is harmless error, if error at all, if it appears that plaintiff’s interests were fully disclosed by the title deeds offered and accepted in evidence.</p>