Southern Pacific Co. v. Edmunds

Judgments—Bes Judicata—Matters Actually Decided and Matters That Might Have Been Determined.—A former judgment between the parties to an aetion is conclusive in all subsequent actions involving the same question, not only as to the matters actually decided in the former controversy, but as to all matters belonging to the subject of the controversy and properly within the scope of the issues which also might have been raised and determined; the presumption being that all such issues were presented • and decided.

Id.—Presumption, as to Matters That Might Have Been Adjudicated in Former Action.—But as to matters which might have been litigated and decided in a former suit as within the scope of the issues, but which were not actually or expressly in issue and adjudicated, only a presumption is indulged that they were decided; and this presumption is disputable and may he overcome by showing that although a particular matter was involved in the former action, it was by consent of the parties withdrawn from consideration at the trial and did not at all enter into or constitute any part of the verdict of the jury or the final determination of that action.

Id.—Belease of Claim for Personal Injuries—Bepudiation—Credit • for Money Paid—Bes Judicata.—A judgment in an action to recover for personal injuries is not conclusive on the right of the defendant in its subsequent action to determine its right to credit on the judgment the amount paid by it to the plaintiff before the commencement of the damage 'action for a full release of his claim for injuries, where the right to the credit is not questioned in the damage suit, hut the validity of the release alone contested, and the jury are instructed, by consent of both parties, after the refusal of the court to give an instruction at the request of the plaintiff that they should disregard the release, except if they found for the plaintiff they should credit the amount paid for the release, that “in case you find for the plaintiff, you are instructed that you shall find and insert in your general verdict the full amount of his damages without crediting defendant for the one thousand two hundred and fifty dollars which it has paid, and without making any allowance therefor.”

Id.—Instruction by Consent of Parties—Effect in Withdrawing Issue.—The purpose of such “consent” instruction immediately following the refusal of the court to give the “credit” instruction was to withdraw the matter of the right of the plaintiff to such credit from present consideration by the jury, leaving its application on any judgment which might be obtained against the defendant for consideration when it should be called on to satisfy it.