Piro v. Shipley

Citations

• 33 Pa. Super. 278
• 1907 Pa. Super. LEXIS 281

Syllabus

<p>Res adjudícala — Equity—Injunction—Trespass—Damages.</p> <p>Where in a suit in equity to restrain a trespass of a continuing and permanent character, it appears that neither in the pleadings, nor in the evidence, nor in the decree was any mention made whatever of damages, such suit is not res adjudicata of a subsequent action of trespass to recover actual and compensatory damages for the trespass, the further continuance of which was enjoined in the equity suit. Head v. Meloney, 111 Pa. 99 and Allison’s App., 77 Pa. 221, distinguished.</p>