Reading Co. v. Spink

Citations

• 263 Pa. 445
• 106 A. 728
• 1919 Pa. LEXIS 451

Syllabus

<p>Res adjudicata — Scope of decision — Questions not raised or decided.</p> <p>1. Ees adjudicata concludes only the fact or facts expressly and distinctly decided, and those which might have been averred and proved to defeat or qualify those expressly and distinctly decided.</p> <p>2. When a second case is decided solely on the ground of res adjudicata, its effect as such does not extend beyond the fact or facts concluded by the first case.</p> <p>3. Questions which might have been raised but were not, or ' were raised but not decided, are not res adjudicata in a later proceeding, unless they were expressly and distinctly decided, or could have defeated or qualified the fact or facts expressly and distinctly decided.</p>