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Philadelphia Auburn-Cord Co. v. Shockcor

Philadelphia Auburn-Cord Company v. Shockcor, Appellant

Philadelphia Auburn-Cord Co. v. Shockcor, 2 A.2d 501 (Pa. Super. Ct. 1938)
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Court
Superior Court of Pennsylvania · State Appellate Courts
Decided
October 14, 1938
Docket
Nos. , 211
Judges
Keller, Cunningham, Baldrige, Stadtpeld, Parker, Rhodes
Citations
2 A.2d 501133 Pa. Super. 1381938 Pa. Super. LEXIS 284

Opinion of the Court — Per Curiam

Per Curiam, The question involved in this appeal is concisely stated by the appellee as follows:

“Does a judgment against the president of a corporation individually, in his action for personal injuries, bar a subsequent action by the corporation for the property damage it sustained in the same accident?”

*139 The case is ruled in principle against the appellant by the decision of the Supreme Court in Woodburn v. Penna. Railroad Co., 294 Pa. 174 , 144 A. 93 . The court, in a per curiam opinion, there said: “Though the same defendant figures in both cases, yet, since the record tendered as evidence involved an issue pending between a plaintiff other than the one now at bar, the mere fact that the injury to both plaintiffs occurred in the same accident and that the present plaintiff appeared as a witness for the other plaintiff, would not make the judgment for defendant in such other suit res judicata in this suit:

Walker v. Phila., 195 Pa. 168, 173-4 ;

Siegfried v. Boyd, 237 Pa. 55, 58-60 .”

On the authority of the Woodburn case, the judgment is affirmed.

How later courts describe this case

Explanatory parentheticals written by citing courts — 3 in all; the most informative distinct ones are shown.

Cited by 32 cases

View all citing references →
1938: 11939: 31941: 21943: 21944: 11945: 31946: 11948: 11951: 11955: 21957: 11960: 11964: 11965: 11966: 11970: 11978: 11979: 21980: 21982: 11992: 11998: 219382026peak 1939 · 3

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Woodburn v. Pa. R. R. Co., 144 A. 93 (Pa. 1928) 12
Walker v. City of Philadelphia, 45 A. 657 (Pa. 1900) 38
Siegfried v. Boyd, 85 A. 72 (Pa. 1912) 35

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