People's Water Co. v. Pittston

Citations

• 241 Pa. 208
• 88 A. 503
• 1913 Pa. LEXIS 762

Syllabus

<p>Judgment — Bes adjudicaba — Former judgment — Fads necessarily involved.</p> <p>1. The conclusiveness of a former judgment does not depend upon whether there is the same demand in both cases, but exists, even although there be different demands, when the question upon which the recovery of the second demand depends has under identical circumstances and conditions been previously concluded by a judgment between the parties or their privies.</p> <p>2. A judgment concludes not only the technical fact in issue, but also every component fact necessarily involved in its determination. There may be one or many issues in a case, and so far as they are directly passed upon, whether principal or subordinate, they will be regarded as adjudicated. Any. conclusions which a court or jury must evidently have arrived at in order to have reached the judgment or verdict rendered will be fully concluded.</p> <p>Assumpsit — Water rents — Implied contracts — Municipalities— Defects — Agreement—Res adjudicata.</p> <p>3. In an action against a city upon an implied contract to pay for water furnished by the plaintiff water company for fire protection, the defendant is precluded from setting up a written contract by which the use plaintiff agreed to furnish such water free, where it appears that the validity of the agreement in question has been adjudicated against the defendant in another action between the- same parties in all respects similar to the case at bar.</p>